University of Sheffield (Education) [2023] UKICO 135715 (9 February 2023)
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University of Sheffield
The complainant has requested information from the University of Sheffield (“the University”) relating to communications sent via e-mail to and from certain groups. The University treated part of the complainant’s request as a Subject Access Request and refused to disclose some of the remaining information (“the withheld information”) citing section 40(5B)(a)(i) of FOIA as a basis for non-disclosure. In relation to the information requested in part 3 of the complainant’s request, as outlined in paragraph 5 below, the University stated that it did not hold such information. The Commissioner’s decision is that the University has incorrectly applied section 40(5B)(a)(i) of FOIA to the withheld information, however in relation to part 3 his decision is that, on the balance of probabilities, the University does not hold information within the scope of that part of the complainant’s request. The Commissioner requires the University to take the following steps to ensure compliance with the legislation. Provide a fresh response to the complainant’s request which deals with the withheld information without relying upon section 40(5B)(a)(i) of FOIA. The University must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
FOI 1:
Complaint not upheld
Decision notice: 135715
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URL: http://www.bailii.org/uk/cases/UKICO/2023/135715.html
