11 October 2017, Local government (Town council)
The complainant requested information relating to complaints of bullying made against staff and councillors from Spennymoor Town Council (the Council). The Council refused the request under section 40 of the Freedom of Information Act 2000 (the Act), although it did not specify which subsection it was relying on. The Commissioner’s decision is that the Council is entitled to neither confirm nor deny whether any relevant information is held in reliance on section 40(5)(a) of the Act. The Commissioner’s decision is also that the Council breached section 17(1) of the Act because it did not specify the relevant subsection of section 40 when it refused the complainant’s request. However, as this notice informs the complainant of the relevant subsection, no steps are required by the Council.
FOI 17: Upheld FOI 40: Not upheld