Information Commissioner's Office

University of South Wales

2 November 2015, Education (University)

The complainant requested information relating to the estates realignment of the University of South Wales (‘the University’). The University stated that some information could be viewed in situ and other information was exempt under sections 22 and 43. During the course of the Commissioner’s investigation the University withdrew reliance on section 22 and disclosed some relevant information. However, the University stated that it considered sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) and 43 to apply to the remaining withheld information. The Commissioner’s decision is that the University has correctly withheld some information under section 36(2)(b). However, he also finds that, whilst section 36(2)(c) was engaged, the public interest in maintaining this exemption did not outweigh the public interest in disclosure. The Commissioner also finds that the University breached sections 10(1) and 17(1) in failing to disclose information relevant to the request and failing to issue a refusal notice within the required timescales. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the information which has been withheld under section 36(2)(c) alone, namely the minutes of the Board of Governors’ meeting on 8 September 2014 and the confidential appendix to the minutes of the Board of Governors’ meeting on 7 July 2014. 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 10: Upheld FOI 17: Upheld FOI 36: Partly upheld FOI 43: Not upheld