Information Commissioner's Office

Gateshead Council

23 June 2016, Local government (District council)

The complainant has requested information relating to domiciliary care services.  Gateshead Metropolitan Borough Council disclosed some information, withheld other information under the exemptions for prejudice to commercial interests (section 43(2)) and applied section 12(1) to some of the request because it considered that compliance would exceed the cost limit. The Commissioner’s decision is that Gateshead Metropolitan Borough Council: Correctly applied section 12(1) but did not provide advice and assistance and breached section 16; Correctly engaged the exemption in section 43(2) but failed to show that the public interest favoured maintaining the exemption; Failed to demonstrate that section 44(1)(a) was engaged. The Commissioner requires the public authority to disclose the information withheld under section 43(2) and, contact the complainant and provide advice and assistance in compliance with section 16 in respect of information in parts 1(ii), 2(ii) and 3(ii) of the request.

FOI 12: Not upheld FOI 16: Upheld FOI 43: Upheld FOI 44: Upheld