Information Commissioner's Office

Wirral Metropolitan Borough Council

1 October 2015, Local government (Borough council)

The complainant made a request to Wirral Metropolitan Borough Council (“the Council”) for information about emails sent from members of the public to Councillors being diverted to a specific email inbox, following a report in the local press. The Council refused the request by explaining that the information was not held or else was exempt under sections 40(2) (personal information) and/or section 36(2)(b) (free and frank exchange of views / provision of advice) of FOIA. The Commissioner’s decision is that some of the requested information is not held and some information is exempt under section 40(2). However, the Commissioner has also found that for the remaining information section 40(2) is not engaged and this information should be disclosed. The Commissioner requires the public authority disclose to the complainant the information in part 3 of the request. 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 (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 40: Partly upheld