Information Commissioner's Office

South Hams District Council

16 February 2017, Local government (District council)

The complainant has requested complaints information including details of a specific concern he had. South Hams District Council (“SHDC”) provided some information but argued that the remainder was exempt under section 31(1)(g) and 31(2)(b) (Law enforcement exemptions). After internal review, SHDC upheld its position but during the course of the Commissioner’s investigation it disclosed some of the withheld information but continued to withhold the remainder citing section 31(1)(g) and 31(2)(b) as its basis for doing so. The Commissioner’s decision is that, as far as the remainder is concerned, SHDC is entitled to refuse to confirm or deny whether it holds this information on the basis of section 40(5) and section 31(3). No steps are required.

FOI 31: Not upheld FOI 40: Not upheld