Information Commissioner's Office

Middlesbrough Council

29 November 2016, Local government (District council)

The complainant has requested a copy of the internal investigation report into the disposal of Acklam Hall. The Commissioner’s decision is that Middlesbrough Council has correctly engaged the exemptions at sections 36(2)(b)(i) (inhibition to the free and frank provision of advice), and 36(2)(b)(ii) (inhibition to the free and frank exchange of views) of the FOIA but that the public interest in disclosure outweighs the public interest in maintaining the exemption. She has also decided that the exemption at 36(2)(c) (prejudice the effective conduct of public affairs) of the FOIA was incorrectly engaged. The Commissioner requires the public authority to disclose the requested information to ensure compliance with the legislation.

FOI 36: Upheld