Information Commissioner's Office

Nottingham City Council

16 March 2016, Local government (City council)

The complainant has requested details of information held by the authority as regards a legal action for non-payment of business rates by a charity. Some information was disclosed by the council however some information was withheld under section 40(2) (personal data). The council also confirmed that it did not hold some information. During the course of the investigation the council disclosed some information which it had initially decided to apply section 40(2) to, but continued to withhold a small amount of information. The Commissioner’s decision is that the council has correctly applied Regulation 40(2) to the information. He has also decided that on a balance of probabilities the council was correct to say that it does not hold further information requested by the complainant. The Commissioner has however decided that the council failed to comply with the requirements of section 10(1) in that it failed to disclose information to the complainant within 20 working days of the receipt of the request. The Commissioner does not require the council to take any steps.

FOI 10: Upheld FOI 40: Not upheld