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Information Commissioner's Office


You are here: BAILII >> Databases >> Information Commissioner's Office >> Witherley Parish Council (Local government) [2025] UKICO 350999 (20 May 2025)
URL: http://www.bailii.org/uk/cases/UKICO/2025/350999_.html
Cite as: [2025] UKICO 350999

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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.

  • FOI 10(1):Upheld
  • FOI 17:Upheld
  • FOI 40(5a):Not upheld
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