The complainant requested information that was used to calculate the rateable value of a named self-catering holiday cottage. The public authority refused to confirm or deny whether it held any information under sections 40(5) and 44(2). It also applied section 41(1). During the investigation of the case the public authority confirmed that it did hold information, but refused to provide details of that information under sections 40(5) and 44(2). It also relied upon sections 41(1) and 43(2) to withhold this information. In addition to this, it also withheld some information under section 31(1)(d). After investigating the case the Commissioner decided that most of the information was exempt under section 44(1)(a). However, he also decided that section 31(1)(d) was not engaged, and this information should be disclosed. Finally, he decided that the public authority 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 31 – Complaint Upheld, FOI 44 – Complaint Not upheld
Citations:
[2011] UKICO FS50324045
Links:
Jurisdiction:
England and Wales
Information
Updated: 05 June 2022; Ref: scu.530629