The University Council (University of Warwick) (Education) [2020] UKICO fs50847540 (9 April 2020)
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The University Council (University of Warwick)
The complainant has made a seven part request for information relating to the disciplinary procedure and subsequent appeal carried out by the University Council (the University) following a complaint in April 2018 regarding a group chat involving students at the University. The University refused to provide information falling within the scope of parts five a), b) and c) of the request under section 38(1) (health and safety) and 40(2) (third party personal data) of the FOIA. The Commissioner’s decision is that the University has correctly applied the provisions of section 40(2) to withhold the information requested in parts five a), b) and c) of the request. The Commissioner did not go on to consider the University’s application of section 38(1) as she considered that section 40(2) applied to the entirety of the information requested in parts five a), b) and c) of the request. However, the Commissioner has recorded a procedural breach of section 10 of the FOIA, as the University failed to respond to the complainant’s request within the statutory time limits. The Commissioner does not require any further steps to be taken as a result of this decision notice.
FOI 10:
Complaint upheld
FOI 40(2):
Complaint not upheld
Decision notice: fs50847540
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50847540.html
