Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cornwall Council (Local government) [2023] UKICO 218668 (8 December 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/218668.html
Cite as: [2023] UKICO 218668

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Cornwall Council

The complainant has requested information held by Cornwall Council (the council) relating to the establishment of an Interim Executive Board (IEB) at a local primary school. The council provided the complainant with some information, both with its original response to the request, and at the internal review stage. The council withheld the remaining information under section 40(2) – personal information, section 41(1) – information provided in confidence, and section 42 – legal professional privilege, of FOIA. The Commissioner has decided that whilst the council is entitled to withhold the information it claimed to be subject to the exemptions at section 40(2) and section 42, it is only entitled to rely on section 41(1) in respect of part of the withheld information that remains. As the council failed to provide the complainant with copies of any information in response to their request within 20 working days, and also failed to issue a refusal notice within the same statutory time period, the Commissioner has found a breach of section 10, and section 17(1), respectively. The Commissioner requires the council disclose the information highlighted within the confidential annex attached to this decision notice.

FOI 42: Complaint not upheld FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 40(2): Complaint not upheld FOI 41(1): Complaint partly upheld

Decision notice: 218668