Adur & Worthing Council (Local government) [2018] UKICO fs50681482 (6 September 2018)
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Adur & Worthing Council
The complainant has requested information relating to the outcome of arbitration between the council and a private company. The council applied section 32(2) (court records) and withheld the information. The Commissioner’s decision is that the council was correct to apply section 32(2) to some information held in respect of arbitration proceedings. She has also decided that whilst the council was not correct to apply section 32(2) to one document, section 32(1) was applicable to this information. Further to this she has decided that the council was not correct to consider that one document does not fall within the scope of the complainant's request, and so it has failed to comply with the requirements of section 1 of the Act in respect of this document. She has also noted that other, similar information may be held which the council has not identified or considered. She has also decided that the council failed to comply with section 10(1) in that it did not provide its response to the complainant within 20 working days of receiving the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To issue a fresh response to the complainant's request as regards the Adjudicator’s decision of 23 October 2013 without relying upon section 32(2), and to consider whether it holds the Adjudicators’ decisions dated 25 May 2012 and 1 August 2013 as referred to in the above document and respond to the complainant as required by section 1 of the Act.
FOI 10:
Complaint upheld
FOI 32(1):
Complaint not upheld
FOI 32(2):
Complaint not upheld
FOI 1:
Complaint upheld
Decision notice: fs50681482
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50681482.html
