Information Commissioner's Office

Sheffield City Council

20 October 2016, Local government (City council)

The complainant has requested information on the non-payment of council tax by councillors at Sheffield City Council (the council). The council confirmed that it held some of the requested information, but stated that it was exempt from disclosure under section 40(2). With regard to the remaining information, the council stated that even to search for it would breach the Data Protection Act 1998 (the DPA). Therefore it has not confirmed what, if any, further information it holds. The Commissioner’s decision is that the council has failed to comply with section 1(1) in failing to confirm whether or not it held any information on the late payment of council tax information aside from those councillors who were ineligible to vote in the budget setting meetings by virtue of section 106 of the Local Government Finance Act 1992. The Commissioner also finds that the council was incorrect to rely on section 40(2) to withhold the information it had identified within the scope of the request.

FOI 1: Upheld FOI 40: Upheld