Information Commissioner's Office

Liverpool City Council

13 July 2015, Local government (City council)

The complainant has requested information about a report relating to the transition of Liverpool Direct Limited to Liverpool City Council ownership.  Liverpool City Council provide some information, confirmed that some of the information was not held and withheld some information under the exemption for prejudice to commercial interests (section 43(2) of the FOIA). The Commissioner’s decision is that Liverpool City Council has failed to demonstrate that section 43(2) of the FOIA is engaged in relation to the information requested in part (2) of the request, namely the agreement between the council and KPMG relating to the engagement of consultants. The Commissioner requires the public authority to disclose the requested information. 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 43: Upheld