26 January 2016, Local government (County council)
The complainant has requested recorded information which concerns the conversion of Mill View Primary School to an independent academy. Cheshire West and Chester Council (“the Council”) disclosed information to the complainant which is relevant to his request but withheld personal data in reliance on section 40(2) of the FOIA. The Commissioner’s decision is that the Council has correctly applied section 40(2) to the majority of the information which it has withheld from the complainant. However, the Commissioner has identified one item of withheld information which concerns the complainant himself and therefore he finds that this should have been refused in reliance on section 40(1). The Commissioner has also decided that the Council has breached section 10 of the FOIA by failing to respond to the complainant’s request within the twenty day compliance period.
FOI 10: Upheld FOI 40: Not upheld