28 July 2015, Local government (City council)
The complainant requested information regarding Marks and Spencer’s tilling systems following a complaint to Surrey County Council Trading Standards which was referred to and investigated by the City of Westminster as the Primary Authority. The City of Westminster refused to confirm or deny whether the information requested was held under section 44(2) of the FOIA on the basis that the disclosure of any information, if held, was prohibited by part 9 of the Enterprise Act 2002. The Commissioner’s decision is that the City of Westminster has correctly applied section 44(2) of the FOIA. The Commissioner does not require the public authority to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 44: Not upheld