Information Commissioner's Office

Edenbridge Town Council

18 October 2016, Local government (Town council)

The complainant has requested information from Eden District Council about a complaint that they have made. The Council disclosed some information under the terms of the Data Protection Act and withheld some under the exemption provided by section 40(2) of the Freedom of Information Act. The complainant subsequently contested the Council’s application of this exemption, and whether further information was held which should be disclosed under the FOIA. The Commissioner’s decision is that the Council has correctly applied the exemption provided by section 40(2), and that no further information is likely to be held which should be disclosed under the FOIA. However in failing to issue a response within the time for compliance, the Council breached section 10(1). The Commissioner does not require any steps to be taken.

FOI 1: Not upheld FOI 40(2): Not upheld FOI 10: Upheld