Information Commissioner's Office

Codsall Parish Council

1 October 2015, Local government (Parish council)

The complainant requested to know the reason for the exclusion of the press and public from parts of the meetings of Codsall Parish Council (“the council”) as well as the outcomes or resolutions. The council indicated the general reason why the press and public had been excluded but it said that details of the resolutions or outcomes was exempt information under section 40(2), 41 and 42 of the Freedom of Information Act 2000 (“the FOIA”). These exemptions relate to third party personal data, information provided in confidence and legal professional privilege. During the Commissioner’s investigation, the council also said that it wished to argue that the request was vexatious under section 14(1). The Commissioner’s decision is that section 14(1) was correctly applied except in relation to some information that was environmental and should have been considered under the Environmental Information Regulations 2004 (“the EIR”). This information was excepted under regulation 12(4)(b) and the public interest favoured maintaining the exception. He finds that the council breached section 17(5) for not relying on section 14(1) initially. The council also breached regulations 14(1) and 14(2) of the EIR for not relying on regulation 12(4)(b). The Commissioner does not require any steps to be taken.

FOI 14: Not upheld FOI 17: Upheld EIR 12(4)(b): Not upheld EIR 14(1): Upheld EIR 14(2): Upheld