Suffolk County Council (Local government) [2022] UKICO 129595 (15 June 2022)
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Suffolk County Council
The complainant has requested information from Suffolk County Council (“the Council”) in relation to parents on limited contact orders, whose children have Education, Health and Care Plans (EHCPs). The Council has withheld the information, citing section 36(2)(b)(i), 36(2)(b)(ii), along with 36(2)(c) of FOIA – prejudice to the effective conduct of public affairs - and section 40(2) of FOIA – personal information. The information is statistical information and the Council has not demonstrated that any of the limbs of the section 36 exemption are engaged. The Council is therefore not entitled to rely on any limb of the exemption to withhold the statistical information. The Commissioner’s decision is that the Council is not entitled to rely on section 40(2) of FOIA to withhold the information requested. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the withheld information.
FOI 36:
Complaint upheld
FOI 40(2):
Complaint upheld
Decision notice: 129595
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URL: http://www.bailii.org/uk/cases/UKICO/2022/129595.html