The complainant, on behalf of Langley Park Primary School Action Group, made four requests for information to Langley Park Learning Trust (‘the Trust’). The Trust provided some information, but withheld some information falling within the scope of the requests under the following sections of the FOIA: section 40(2) – third party personal data, section 36(2) – prejudicial to the effective conduct of public affairs, and/or section 43(2) – commercial interests. The Commissioner’s decision is all of the withheld information which has been provided to her for consideration was correctly withheld under either section 36(2)(b)(ii) or section 40(2). However, the Commissioner is not persuaded that the Trust correctly identified the scope of the complainant’s request of 23 March 2019, for the reasons set out in this notice. In failing to seek clarification about this, it breached the requirements of section 16 of the FOIA. The Commissioner requires the Trust to take the following step to ensure compliance with the legislation: write to the complainant seeking clarification of her request of 23 March 2019.
FOI 40(2): Complaint not upheld FOI 16: Complaint upheld FOI 36: Complaint not upheld
Citations:
[2020] UKICO fs50853717
Links:
Jurisdiction:
England and Wales
Information
Updated: 06 November 2022; Ref: scu.653659