Information Commissioner's Office

Thanet District Council

7 August 2017, Local government (District council)

The complainant has requested information concerning the details of compensation payments made to third parties by Thanet District Council following a 2014 High Court judgement which found that the Council acted unlawfully in imposing a ban in 2012 on livestock shipments from the Port of Ramsgate.  The Council provided the complainant with information as to the total amount of compensation paid and the legal costs of such settlements but withheld the individual settlement amounts and the identities of the compensated parties under sections 41(1)(information provided in confidence) and 38(1)(health and safety).  During the Commissioner’s investigation the Council disclosed to the complainant the individual compensation payments made to five parties who reached out-of-court settlements with the Council but maintained section 41(1) to the identities of those parties.  The Council also applied section 43(2)(prejudice to commercial interests) to the withheld information but later withdrew reliance on this exemption and section 38(1). The Commissioner’s decision is that the Council acted correctly in withholding the residual requested information under section 41(1) and does not consider that the Council would have a public interest defence to a breach of confidence action.

FOI 41 (1): Not upheld