Information Commissioner's Office

Lambeth London Borough Council

12 December 2017, Local government (Borough council)

The complainant requested information about the number of communications made in respect of welfare concerns relating to a particular individual. The London Borough of Lambeth (LBL) initially refused the request citing section 40(5) and section 41. During the course of the investigation it withdrew its reliance on section 41. The Commissioner’s decision is that LBL is not entitled to rely on section 40(5) to refuse to confirm or deny whether it holds information falling within the scope of the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Respond to the request for information in accordance with FOIA section 1(1)(a). The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 40: Upheld