Southwark Council (Decision Notice): ICO 29 Jun 2011

The complainant requested a copy of a contract signed between the council and Fusion, an organisation contracted to manage the authority leisure facilities, in 2000. The council withheld the information under sections 43(1), 43(2) and section 41. The council disclosed some information but stated that it had withheld other sections of it. The complainant initially accepted the information he received, however a subsequent disclosure made in response to a different request highlighted that significant further information was withheld which had not initially been explained to the complainant. He therefore made a further complaint to the council but was told that he had had the option to complain to the Commissioner at the time but did not do so. The complainant therefore made a belated complaint to the Commissioner. The Commissioner’s Decision is that the council breached section 1(1)(b) by inappropriately relying on sections 41 and 43 and in not providing the information to the complainant. He also considers that the council had not met the requirements of sections 10 and 17.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 41 – Complaint Upheld, FOI 43 – Complaint Upheld


[2011] UKICO FS50373499




England and Wales


Updated: 28 January 2022; Ref: scu.530615