Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Kent County Council (Local government) [2022] UKICO 137225 (31 October 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/137225.html
Cite as: [2022] UKICO 137225

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Kent County Council

The complainant requested information from Kent County Council (“the Council”) about domiciliary care. The Council withheld some of the information under section 31(1)(g) (prejudice to law enforcement) of FOIA and the commercial interests exemption under section 43(2) of FOIA. The Commissioner’s decision is that the law enforcement exemption under section 31(1)(g) is not engaged in relation to any of the withheld information. Regarding the exemption under section 43(2), the Commissioner’s decision is that this exemption has been correctly applied only to the name of the care provider(s) investigated by the Council, the Council has failed to demonstrate that this exemption is engaged in relation to the rest of the withheld information. The Commissioner requires the Council to take the following step to ensure compliance with the legislation: Disclose the withheld information, other than the name of the care provider(s) investigated by the Council. The information to be disclosed consists of the number of care provider(s) investigated and the financial amounts lost and/or recovered per domiciliary care provider (which is held as an annual estimate of loss per contract).

FOI 43(2): Complaint partly upheld FOI 31(1)(g): Complaint upheld

Decision notice: 137225