SIC Correspondence concerning the closure of day centres for adults with learning disabilities – On 20 February 2013, Mr Doris asked Glasgow City Council (the Council) for correspondence between Councillors and Council Officers relating to the proposal to close three day centres for adults with learning disabilities. The Council withheld the information on the basis that it was exempt from disclosure in terms of section 30(b)(ii) of FOISA.
During the Commissioner’s investigation, the Council disclosed some information to Mr Doris. The Council also told Mr Doris that it held some of the information on behalf of Councillors and this meant that it did not hold the information for the purposes of FOISA and so did not have to disclose it.
Following an investigation, the Commissioner accepted that some of the information was held by the Council on behalf of Councillors, and not for the purposes of FOISA. However, the Commissioner also found that some of the information was held by the Council in its own right, and so the Council did hold this information for the purposes of FOISA. The Commissioner accepted that the Council was entitled to withhold some of this information under the exemption in section 30(b)(ii) of FOISA but did not accept that the remainder was exempt from disclosure. She required the Council to disclose it to Mr Doris.
The Commissioner was satisfied that the Council had identified all of the relevant information that it held which fell within the scope of Mr Doris’s request.
[2014] ScotIC 174 – 2014
Bailii
Scotland
Information
Updated: 22 December 2021; Ref: scu.538069