The complainant requested environmental health and health and safety inspection reports for a specified holiday park. Sedgemoor District Council (the ‘Council’) provided the information it held (namely food hygiene reports) and initially said it could not provide any further information in relation to the health and safety inspection reports due to an ongoing investigation. Ultimately, the complainant confirmed he was only concerned with the health and safety information. The Council refused to confirm or deny that it held the requested information, citing the ‘neither confirm nor deny’ provision within the FOIA section 30(3) exemption for public authority investigations. The Commissioner’s decision is that the Council was correct to consider this request under FOIA. She also finds that section 30(3) of FOIA is engaged and that the balance of the public interest favours maintaining the exemption. Accordingly, the Council was entitled to rely on section 30(3) to refuse to confirm or deny whether it held the requested information. The Commissioner’s position is largely set out in a confidential annex which will be provided to the Council only. By failing to issue its refusal notice within the statutory 20 working days’ time limit, the Council has breached 17(1) of FOIA. The Commissioner does not require the Council to take any steps as a result of this decision.
FOI 17: Complaint upheld FOI 30: Complaint not upheld
References: [2020] UKICO fer0902469
Links: Bailii
Jurisdiction: England and Wales
Last Update: 23 September 2020; Ref: scu.653787 br>