City of York Council
17 October 2017, Local government (City council)
The complainant has requested a report done on behalf of the council by PriceWaterhouseCoopers. The council said that it does not hold a copy of the final copy of the report, but said that it had found a draft copy of a presentation linked to the report. Its initial argument was that this information had not been requested by the complainant, but in the event that the Commissioner disagreed with this it argued that section 36(2) would be applicable. The Commissioner’s decision is that council was correct to apply section 36 to the information however the public interest in the exemption being maintained does not outweigh that in the information being disclosed. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: To disclose the withheld information to the complainant.
FOI 36:
Upheld