The complainant has requested information relating to the recruitment of a particular vacancy at New College Nottingham (the College). The College provided the complainant with some information but refused to provide him with the remainder of the requested information under section 40(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the College correctly applied section 40(2) to some of the withheld documents in full and in part. In relation to the withheld information which the Commissioner does not accept section 40(2) would apply, he considers that section 40(1) FOIA should have been applied to some of this information either in full or in part. However the Commissioner also considers that section 40(1) or 40(2) FOIA does not apply to some of the withheld information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. The information to which the Commissioner does not consider section 40(1) or 40(2) would apply should now be disclosed. The Commissioner has attached a Schedule to this Notice detailing the information he considers should be withheld and that which should be disclosed.
Section of Act/EIR and Finding: FOI 40 – Complaint Partly Upheld
[2012] UKICO FS50452274
Bailii
England and Wales
Information
Updated: 30 November 2021; Ref: scu.530047
