FS50091818: Difference between revisions
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|dn_ref=FS50091818 | |dn_ref=FS50091818 | ||
|dn_date=16 | |dn_date=16 January 2008 | ||
|dn_pa=Commission for Local Administration in England | |dn_pa=Commission for Local Administration in England | ||
|dn_summary=The complainant made a request to the public authority for information regarding complaints she had previously made against her local authority. The public authority refused the request under section 44 of the Act which provides for an exemption from the right to know where disclosure is prohibited under any other enactment. It said that the relevant statutory prohibition was section 32(2) of the Local Government Act 1974. The Commissioner has reviewed the information withheld from the complainant and has found that section 44 was correctly applied for the majority of the information. However the Commissioner has also found that the public authority breached section 1 of the Act by misapplying section 44 to the minority of the information not covered by the statutory prohibition. | |dn_summary=The complainant made a request to the public authority for information regarding complaints she had previously made against her local authority. The public authority refused the request under section 44 of the Act which provides for an exemption from the right to know where disclosure is prohibited under any other enactment. It said that the relevant statutory prohibition was section 32(2) of the Local Government Act 1974. The Commissioner has reviewed the information withheld from the complainant and has found that section 44 was correctly applied for the majority of the information. However the Commissioner has also found that the public authority breached section 1 of the Act by misapplying section 44 to the minority of the information not covered by the statutory prohibition. |
Latest revision as of 22:25, 15 May 2010
Decision Summary
- Case Ref: FS50091818
- Date: 16 January 2008
- Public Authority: Commission for Local Administration in England
- Summary: The complainant made a request to the public authority for information regarding complaints she had previously made against her local authority. The public authority refused the request under section 44 of the Act which provides for an exemption from the right to know where disclosure is prohibited under any other enactment. It said that the relevant statutory prohibition was section 32(2) of the Local Government Act 1974. The Commissioner has reviewed the information withheld from the complainant and has found that section 44 was correctly applied for the majority of the information. However the Commissioner has also found that the public authority breached section 1 of the Act by misapplying section 44 to the minority of the information not covered by the statutory prohibition.
- View PDF of Decision Notice: [1]
- Section of Act / Finding: FOI 1 - Complaint Partly Upheld - Find other matching decisions
- Section of Act / Finding: FOI 44 - Complaint Partly Upheld - Find other matching decisions