Link for IOC full Decision notice pdf file: Bracknell Forest Borough Council (Local government) [2025] UKICO 340972 (24 April 2025)
The complainant requested information about refurbishment work at Coral Reef Leisure Centre. Bracknell Forest Council (the "Council") confirmed that it was withholding the information under the exemption for information provided in confidence (section 41). During the Commissioner's investigation the Council disclosed some information and dropped its reliance on section 41, confirming that it was now relying on the exemption for prejudice to commercial interests (section 43(2)) to withhold a Settlement Agreement. The Commissioner's decision is that, on the balance of probabilities, the Council correctly confirmed that it holds no further information falling within the scope of the request but that it failed to demonstrate that section 43(2) is engaged. The Commissioner requires the Council to disclose the Settlement Agreement to the complainant.