The complainant has requested the London Borough of Bexley (‘the Council’) to release the details of any non contractual payments made to two Assistant Directors or Directors of the Council who he believes have resigned since 1st January 2010. The Commissioner’s decision is that the Council incorrectly relied on sections 40(5)(b)(i) and 41(2) of the Act in this case. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: the Council should confirm or deny whether it holds information of the description specified in the request and if it does, either release this information to the complainant or issue a fresh refusal notice in accordance with section 17 of the Act.
Section of Act/EIR and Finding: FOI 40 – Complaint Upheld, FOI 41 – Complaint Upheld
Citations:
[2011] UKICO FS50376406
Links:
Jurisdiction:
England and Wales
Information
Updated: 09 May 2022; Ref: scu.530931