Wiltshire County Council
- Date 5 March 2009
- Sector Local government
- Decision(s) FOI 17: Upheld, FOI 40: Not upheld
The complainant requested an investigatory report relating to the disciplinary hearing of a head teacher. Wiltshire County Council (“the Council”) withheld the information by applying sections 40 and 41 of the Freedom of Information Act 2000 (“the FOIA”). The Commissioner found that section 40(2) was engaged and therefore did not go on to consider whether section 41 applied. He also noted that the Council did not specify in its refusal of the request or its internal review that it was relying on subsection 2 of section 40. It therefore breached section 17(1)(b) of the FOIA. Information Tribunal appeal number EA/2009/0026 dismissed.