Link for IOC full Decision notice pdf file: Witherley Parish Council (Local government) [2025] UKICO 350999 (20 May 2025)
The complainant requested information relating to the circumstances surrounding the purchase of a computer. Witherley Parish Council (the -Council-) provided some information, confirmed other information was not held and refused to provide other information on the basis that it was confidential. During the Commissioner-s investigation the Council confirmed that it was relying on the exemptions in section 31 (law enforcement) and section 40 (personal information) to withhold information. The Commissioner-s decision is that the Council should have relied on section 40(5A) and section 40(5B) of the FOIA to refuse to confirm or deny whether any information was held; the Commissioner has decided to apply these exemptions himself proactively and the Council failed to issue a compliant refusal notice and breached section 10(1) and section 17 of the FOIA. The Commissioner does not require the Council to take further steps.