The complainant has requested copies of governing bodies and head teachers’ responses to a consultation run by the council relating to its ‘Schools for the Future’ project. The council provided some information but refused to provide the majority on the basis that section 41 of the Act applied (information provided in confidence). In the internal review, the council withdrew its reliance upon section 41 and relied upon section 21 (information available to the applicant by other means), and section 43(2) (commercial interests). The Commissioner’s decision is that the council was not correct to apply section 43(2) to withhold information. She has however decided that it was correct to withhold other information under section 21. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the information withheld under section 43 to the complainant.
FOI 21: Complaint not upheld FOI 43(2): Complaint upheld
Citations:
[2021] UKICO IC-44208
Links:
Jurisdiction:
England and Wales
Information
Updated: 22 October 2022; Ref: scu.662851
