Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Peterborough City Council (Local government) [2019] UKICO fs50763224 (18 April 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50763224.html
Cite as: [2019] UKICO fs50763224

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Peterborough City Council

The complainant requested correspondence between Peterborough City Council and Eye C of E Primary School relating to a complaint of maladministration of Key Stage 2 SATs tests. The Council disclosed some information, but withheld the remainder under section 36 (prejudice to the effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that both section 36(2)(b)(ii) and section 36(2)(c) are engaged in respect of the Notice of Visit and that the public interest lies in maintaining the exemption. In respect of the Letter of Closure, the Commissioner’s decision is that both limbs are engaged in respect of two paragraphs but she finds that the public interest favours disclosure. Neither exemption is engaged in respect of the remainder of the document. The Commissioner also finds that the Council failed to discharge its section 1(1) duties within 20 working days and failed to issue a valid refusal notice. It thus breached Sections 10 and 17 of the FOIA respectively. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: provide, to the complainant, a copy of the Letter of Closure. The Council may redact both the signature and the email address.

FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 36: Complaint partly upheld FOI 1: Complaint partly upheld

Decision notice: fs50763224