London Borough of Merton Council (Local Government): ICO 24 Sep 2020

The complainant has requested information on Schedule 5 (Payment Mechanism) of a particular 24 year contract between the London Borough of Merton (‘the Council’) and IdVerde. The Council initially cited section 43 – Commercial interests, as its basis for withholding the requested information. Later relying on section 41 FOIA – Information provided in confidence. During the course of the complaint the Council disclosed redacted information. The Commissioner’s decision is that the information is environmental information within the meaning of regulation 2(1)(c) of the EIR. The Council can rely on regulation 12(5)(e) – Commercial confidentiality) as a basis for withholding the remainder of the information. However, the Council breached regulation 5(2) and regulation 14(2) as it did not make the redacted information available or refuse the request within 20 working days of the date of receipt of the request. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
EIR 5(2): Complaint upheld EIR 12(5)(e): Complaint not upheld EIR 14(2): Complaint upheld EIR 2(1): Complaint upheld


[2020] UKICO IC-48473-B4H1




England and Wales


Updated: 04 August 2022; Ref: scu.656062