Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Birmingham City Council (Local government) [2019] UKICO fs50773136 (9 July 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50773136.html
Cite as: [2019] UKICO fs50773136

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Birmingham City Council

The complainant has requested information concerning a code of conduct investigation. The Commissioner’s decision is that Birmingham City Council has correctly applied section 30(2) - investigations and proceedings, section 41(1)(a) - information provided in confidence, and section 40(2) – personal data to some of the information. However none of the exemptions apply to some of the withheld information. The Commissioner has identified that some of the withheld information is not information provided in confidence section 41; or the balance of public interest for section 30(2) favours disclosure; or is not personal data - section 40(2). Additionally the Commissioner has found that, on the balance of probabilities, the council have provided all the information within the scope of question [ii] of the request. The Commissioner requires the Birmingham City Council to take the following steps: disclose paragraphs 55,56,92,93 and 94 of the Investigation Report; disclose Annex 2 with the names of all individuals redacted on the basis of section 40(2) 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 41: Complaint partly upheld FOI 30: Complaint partly upheld FOI 40(2): Complaint partly upheld

Decision notice: fs50773136