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Bristol City Council (Local government) [2023] UKICO 222330 (9 August 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/222330.html
Cite as:
[2023] UKICO 222330
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Bristol City Council
The complainant has requested register of interest forms for six members of council staff. Bristol City Council (the Council) denied holding forms for two of the individuals and applied section 40(2) and section 41 of FOIA to withhold the four forms that it does hold. The Commissioner’s decision is that: The Council is entitled to withhold some, but not all of the information withheld under section 40(2) of FOIA, (personal information). Specifically his decision is that the Council is entitled to rely on section 40(2) to withhold the entire form for one non-senior member of staff, the signatures on each of the three forms relating to senior staff, and a small amount of information on one of the forms for a senior member of staff that relates to their personal rather than professional life. The Council is however, not entitled to rely on section 40(2) to withhold the remaining information on the three forms relating to senior staff members. The exemption under section 41 (information supplied in confidence), is not engaged with respect to any of the withheld information. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose the information for which the section 40(2) exemption is not engaged as described in paragraph 2 of this decision notice. The Council 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 40(2):
Complaint partly upheld
FOI 41:
Complaint not upheld
Decision notice:
222330