Fareham Borough Council was asked to provide all unpublished information in connection with the decision to sell the freehold of Portchester Parish Hall. The Council disclosed a limited amount of information and withheld the majority citing exemptions under the Freedom of Information Act 2000. During the investigation, the Council agreed to disclose a significant amount of the information that it had originally withheld with the exception of some information that it maintained was exempt under section 42 of the FOIA. The Commissioner investigated and was satisfied that some of this information need not be considered because it falls outside the scope of the request. In relation to the remaining information, he was satisfied that section 42 applied and the public interest in maintaining the exemption outweighed the public interest in disclosing the information although he found a breach of section 17(1) and 17(1)(c) because the Council failed to state why the exemption applied in its refusal notice and internal review. The complainant also raised some particular questions regarding information that he thought ought to be held by the Council. The Commissioner investigated this and was satisfied that this information was not held.
Section of Act/EIR and Finding: FOI 17 – Complaint Partly Upheld, FOI 42 – Complaint Not upheld
Citations:
[2009] UKICO FS50144200
Links:
Jurisdiction:
England and Wales
Information
Updated: 09 April 2022; Ref: scu.532032