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Brighton and Hove City Council (Local government) [2022] UKICO 117958 (5 September 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/117958.html
Cite as:
[2022] UKICO 117958
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Brighton and Hove City Council
The complainant has requested information held by Brighton and Hove City Council (the council) relating to the ‘Racial Literacy’ training sessions delivered to council staff by an external provider. Whilst the council released some information in response to part 1 of the request, it advised that certain other information was exempt from disclosure under section 43 – commercial interests, of the FOIA. The council also confirmed that it did not hold information relevant to parts 2 and 3 of the request. At the internal review stage the council revised its position, releasing information that had previously been withheld under section 43 of the FOIA; however, it advised that it was now withholding some information under section 40 - personal data, of the FOIA. The Commissioner is satisfied that, with the exception of a small amount of personal data that has been withheld under section 40 which the complainant did not contest, the council has, on the balance of probabilities, disclosed all the relevant information that was held at the time of the request. However, the council has breached section 10(1) and section 17(1) of the FOIA, as it did not release all relevant information, or issue a refusal notice, within the statutory 20 working days.
FOI 17:
Complaint upheld
FOI 10:
Complaint upheld
FOI 1(1):
Complaint not upheld
Decision notice:
117958