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Birmingham City Council (Local government) [2022] UKICO 105141 (15 June 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-105141.html
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Birmingham City Council
The complainant has requested information about an investigation. Birmingham City Council (‘the Council’) has released some of the requested information and has withheld other information under section 40(2) and section 41(1) of FOIA which concern personal data and information provided in confidence respectively. The Commissioner’s decision is as follows: The Council is entitled to withhold information from the requested terms of reference document under section 40(1) and section 40(2) of FOIA. This information is the complainant’s and other people’s personal data and disclosing it would not be lawful. The Council is also entitled to withhold the interview statements under section 41(1) of FOIA as this information was provided to the Council in confidence. The Council breached section 10(1) and section 17(1) of FOIA as it did not comply with section 1(1) or issue an adequate refusal notice within the required timescale. The Commissioner does not require the Council to take any remedial steps to ensure compliance with the legislation.
FOI 17:
Complaint upheld
FOI 10:
Complaint upheld
FOI 40:
Complaint not upheld
FOI 41:
Complaint not upheld
Decision notice:
ic-105141