Information Commissioner's Office

Sutton London Borough Council

19 September 2017, Local government (Borough council)

The complainant has requested information from London Borough of Sutton (“the Council”) in relation to an Executive meeting held in 2011.  The Council provided some of the requested information, however it withheld part of the information (“the withheld information”).  The Council cited sections 36(2)(b)(i) and (ii) of the FOIA as a basis for non-disclosure.  The Commissioner’s decision is that sections 36(2)(b)(i)   and (ii) of the FOIA are engaged in relation to the specific withheld information, however the public interest in disclosure of the information outweigh that in maintaining the exemptions in all the circumstances of the case. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: to disclose to the complainant the information previously withheld under sections 36(2)(b)(i) and (ii) of the FOIA.

FOI 36: Upheld