Mr Elder requested from East Lothian Council (the Council) documentation relating to the review of admissions at a named care home. The Council, responded by providing him with certain information subject to redaction under sections 30(b) and 38(1)(b) of FOISA. Following a review, Mr Elder remained dissatisfied and applied to the Commissioner for a decision in respect of the redactions under section 30(b) and the Council’s handling of the request.
Following an investigation, the Commissioner found that the Council had partially failed to deal with Mr Elder’s request for information in accordance with Part 1 of FOISA, by incorrectly applying sections 30(b) and 38(1)(b) of FOISA to some of the information withheld. By failing to respond to Mr Elder within 20 working days, the Council failed to comply with section 10(1) of FOISA. However, he also found that the Council was correct in its application of section 30(b) to certain of the information withheld. He required the Council to supply Mr Elder with the information he did not find exempt under section 30(b) or section 38(1)(b) of FOISA.
[2009] ScotIC 128 – 2009
Bailii
Scotland
Information
Updated: 30 November 2021; Ref: scu.434076