Information Commissioner's Office

Harlow Council

16 September 2015, Local government (District council)

The complainant has requested information on a decision by the council to terminate its contract with the Harlow Welfare Rights and Advice Centre, thereby resulting in the closure of the centre and the closure of the charity which ran it. The council provided some information but withheld other information on the basis that sections 41 and 43 applied (confidentiality and commercial interests). The Commissioner’s decision is that the council has incorrectly stated that it has responded to all parts of the request. He has decided that the council has not complied with the requirements of section 1(1) as regards question 2 and the complainant's follow up question to question 9. The Commissioner has also decided that the council was not correct to apply sections 41 and 43(2) to information it received from third parties. The Commissioner has also decided that the council breached section 10 in respect of its response question 17 as it failed to respond, providing the relevant information within 20 working days. The Commissioner requires the public authority issue a fresh response to the questions outlined below as required by section 1(1) of the Act. To respond to the complainant as regards question 2 as outlined in para 24 below. To respond to the complainant as regards question 9 as outlined in para 36 below. To disclose information which was withheld under section 41 and section 43. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.

FOI 1: Partly upheld FOI 10: Upheld FOI 17: Upheld FOI 41: Not upheld FOI 43: Upheld