ICO The complainant made a request under the Freedom of Information Act 2000 to Suffolk County Council for a copy of the Combined Aerial Rescue Pump Report. The council refused to disclose this information and applied section 40(2), section 41 and section 43(2). During the course of the Commissioner’s investigation the council withdrew its application of section 41 and section 43(2), it also applied section 36(2)(b)(i) and (ii) and section 36(2)(c). The Commissioner considers that section 36(2)(b)(i) was correctly applied in this case however the public interest arguments in favour of disclosure outweigh the public interest arguments in favour of maintaining the exemption and therefore the information should be disclosed. The Commissioner considers that section 36(2)(b)(ii) and section 36(2)(c) were incorrectly applied in this case. The Commissioner does however consider that section 40(2) was correctly applied to some parts of the information and therefore this information should be withheld.
Section of Act/EIR and Finding: FOI 36 – Complaint Upheld, FOI 40 – Complaint Not upheld
Citations:
[2011] UKICO FS50317447
Links:
Statutes:
Freedom of Information Act 2000
Jurisdiction:
England and Wales
Information
Updated: 03 June 2022; Ref: scu.530620