Information Commissioner's Office

Melton Borough Council

30 April 2015, Local government (Borough council)

The complainant has requested from Melton Borough Council (“the council”) the information and any correspondence that was provided to the Commissioner by the council in the course of serving a decision notice on a previous request made by the complainant (FER0447142). The council considers that the exemption at 36(2)(b)(ii) applies to the information, as in the opinion of the qualified person, its disclosure would be likely to inhibit the free and frank exchange of views. The Commissioner’s decision is that the council has correctly applied section 36(2)(b)(ii) to the information, but that the public interest favours disclosure.  The Commissioner requires the council to disclose the withheld information with the exception of a small amount of information that has been disclosed to the complainant in response to a subject access request and which is therefore exempt under section 40(1) of the FOIA. Information Tribunal appeal EA/2015/0124 withdrawn.

FOI 36: Upheld