Information Commissioner's Office

Leeds City Council

3 November 2016, Local government (City council)

The complainant has requested information on the summonses issued for the non-payment or late payment of council tax by elected members in the last two financial years. Leeds City Council disclosed the names of two councillors who had each received a summons which resulted in a liability order. It withheld some information under section 40(2), and did not consider that the remaining information fell within the scope of the request. The Commissioner’s decision is that the council initially failed to comply with section 1 and section 10 as it failed to correctly identify all information falling within the scope of the request. The council has incorrectly applied section 40(2) to all the requested information, with the exception of that relating to one councillor, due to the specific circumstances their debt. The Commissioner also finds that section 44 is not engaged. The Commissioner requires the public authority to disclose the names of the 5 councillors who fall within the scope of the request, with the exception of the information relating to the councillor referred to above. She also requires the public authority to disclose the amounts of arrears for each of the 5 councillors, plus that of the two councillors whose information it disclosed in the original response to the request.

FOI 1: Upheld FOI 10: Upheld FOI 40: Partly upheld FOI 44: Upheld