At the time of the request, the authority was overseeing the development of a residential property, which included the painting of communal areas. As part of this process, CityWest commissioned a survey that asked the residents to vote on their preferred colour scheme. The complainant subsequently requested confirmation of which flat occupants in a particular block voted for which colour. CityWest originally refused the request on the grounds that it was ‘confidential’ information, only later citing section 40(2) and 41 of the Freedom of Information Act 2000. The Commissioner has found that section 40(2) is engaged and has therefore not gone on to consider the section 41 exemption. He does, however, consider that the authority breached section 17 of the Act in its handling of the request.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld
 UKICO FS50269400
England and Wales
Updated: 28 January 2022; Ref: scu.532393