Southwark Council (Decision Notice): ICO 4 Nov 2010

The complainant requested a copy of the authorities approved business plan for the current financial year (2009/2010) with a company called Fusion, which delivers leisure services on its behalf. The council responded initially claiming that the information was exempt under section 43(2) of the Act. Subsequently, during the Commissioner’s investigation, the council changed its view and stated that it did not hold relevant information as there was no current approved plan for 2009/2010. The Commissioner asked further questions relating to the way in which the council continued its relationship with the third party in question. After further correspondence with the council he established that there was an ongoing relationship between the parties based on the business plan for 2007/8, and that payments were being made on the basis of that plan together with a variation for inflation. The Commissioner’s decision is that the continuance of this agreement, with the agreed uplift, constituted the approved business plan for the year 2009/2010 at the time that the complainant’s request was received. His decision is therefore that the council does hold relevant information, and that it is therefore under a duty to consider that information for disclosure as required under section 1(1) of the Act.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld


[2010] UKICO FS50295557




England and Wales


Updated: 11 June 2022; Ref: scu.531802