Information Commissioner's Office

North Somerset Council

7 December 2017, Local government (District council)

The complainant has requested information about safeguarding referrals, reports and associated actions about three premises within a specified period.  North Somerset Council initially withheld the information under section 40(5)(b)(i) of the FOIA on the basis that to confirm or deny it held information would reveal personal data about living individuals.  It did however supply food hygiene records held about the establishments.  During the course of the Commissioner’s investigation, North Somerset Council also relied on sections 31(1) and 31(3) of the FOIA on the basis that disclosure of held information, or acknowledgement that information is held or not held, could prejudice any investigation being run by the Council and other law enforcement agencies into alleged safeguarding concerns, and alert possible perpetrators about current or future safeguarding investigations.  The Commissioner’s decision is that North Somerset Council has correctly applied sections 40(5)(b)(i), 31(1) and 31(3) of the FOIA.  The Commissioner does not require the Council to take any steps.

FOI 40: Not upheld FOI 31: Not upheld