Surrey County Council (Local government) [2018] UKICO fs50730664 (14 August 2018)
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Surrey County Council
The complainant has requested information about complaints from parents and child safety issues in respect of a named school from Surrey County Council (the “Council”). Having initially advised that it held no information, the Council subsequently advised that some information had been located but that it was exempt from disclosure. It cited the exemptions at sections 21 (information accessible to applicant by other means), 40(1) (personal information – the complainant) and 40(2) (personal information – third party) of the FOIA. During the Commissioner’s investigation it disclosed a small amount of information but maintained reliance on section 40(2) for the remainder. The complainant complained about the time taken to deal with the request and the citing of section 40(2). The Commissioner finds a breach of section 10(1) in respect of the time taken to respond to the request, and, by making a partial disclosure of information outside the time limit, she finds a further breach of section 10(1). The Commissioner finds that section 40(2) is engaged. No steps are required.
FOI 10:
Complaint upheld
FOI 40:
Complaint not upheld
Decision notice: fs50730664
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50730664.html
