Information Commissioner's Office

Lambeth London Borough Council

20 July 2015, Local government (Borough council)

The complainant has made a request to the London Borough of Lambeth (the Council) for copies of reports produced about the Campaigns and Information Unit submitted to cabinet members, including reports concerning the “Lambeth Talk” publication. The Council provided some of the requested information it held but withheld a number of reports and attachments under sections 36(2)(b) and (c) (prejudice to the effective conduct of public affairs) of FOIA. It also later introduced section 43(2) (commercial interests) of FOIA as a further ground for refusing the disclosure of parts of this information. The Commissioner has decided that the exemptions provided by sections 36(2)(b) and (c), but not section 43(2), are engaged. He has, however, found that on balance the public interest favours disclosure. The Council should therefore disclose the information in order to comply with the legislation. 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.

FOI 36: Not upheld FOI 43: Upheld