Information Commissioner's Office

Norfolk County Council

8 June 2016, Local government (County council)

The complainant has requested a list of all of the schools that fall into each of the categories of the council’s risk assessment of Norfolk schools. Norfolk County Council confirmed it held the requested information but refused to provide it citing sections 33(1) (audit functions), 36(2)(b)(i) (inhibition to the free and frank provision of advice), 36(2)(b)(ii) (inhibition to the free and frank exchange of views), and 36(2)(c) (prejudice the effective conduct of public affairs) of the FOIA.  The Commissioner’s decision is that sections 33(1) and 36(2)(c) are not engaged and that while sections 36(2)(b)(i) and (ii) are engaged, the public interest in disclosure outweighs the public interest in maintaining the exemption. The Commissioner requires the public authority to disclose the requested information.

FOI 33: Upheld FOI 36: Upheld