Information Commissioner's Office

Birmingham City Council

26 January 2016, Local government (City council)

The complainant has requested a copy of a funding grant offer made to First Press (Plastic Moulders) Ltd. The Commissioner’s decision is that Birmingham City Council has incorrectly applied both the exemption where disclosure would prejudice commercial interests at section 43(2) of the FOIA and the exemption for information provided in confidence at section 41 of the FOIA. The Commissioner requires the public authority to disclose the information redacted from the requested funding offer letter. The public authority must take this step 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 41: Upheld FOI 43: Upheld