Information Commissioner's Office

Essex County Council

25 January 2016, Local government (County council)

The complainant requested information from Essex County Council (“the council”) relating to complaints about a particular named coroner or the coroner’s office. The council said that the information held was exempt under section 40(2) of the Freedom of Information Act 2000 (“the FOIA”). This exemption concerns third party personal data. The council disclosed some information during the Commissioner’s investigation however it continued to argue that some information was exempt under section 40(2), and it added that all of the information was exempt under section 41(1).  This exemption relates to confidential information. The complainant alleged that further information was held, and some additional information was subsequently identified relating to earlier formal complaints and complaint correspondence sent to the council’s press office. Given the extent of the additional information identified and the circumstances of the case, the Commissioner has asked the council to consider this information in the steps of this decision notice. In relation to the remaining information, the Commissioner’s decision is that the majority of this information was exempt under section 41(1) and some of it was also exempt under section 40(2). However, the Commissioner found that some information was not exempt and he has ordered the disclosure of this information. The Commissioner found breaches of section 10(1), 1(1)(a), 1(1)(b), 17(1) and 17(1)(a)(b) and (c) of the FOIA.

FOI 1: Upheld FOI 10: Upheld FOI 17: Upheld FOI 40: Partly upheld