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Pembrokeshire County Council

  • Date 25 October 2011
  • Sector Local government
  • Decision(s) FOI 17: Upheld, FOI 30: Not upheld
The complainant requested a number of food hygiene inspection reports from Pembrokeshire County Council (the “Council”). One report was withheld on the basis that the information was part of an ongoing investigation by the Council. It therefore applied section 30 of the Freedom of Information Act 2000 (the “Act”) and confirmed during the Commissioner’s investigation that it was relying on section 30(1)(a)(i). During the course of the Commissioner’s investigation the withheld information was disclosed but the complainant asked the Commissioner to determine whether the exemption had been correctly applied by the Council. The Commissioner has investigated and found that, at the time of the request, section 30(1)(a)(i) of the Act is engaged and that the public interest favoured maintaining the exemption. The Commissioner’s decision is that Pembrokeshire County Council: correctly determined that the withheld information was exempt under section 30(1)(a)(i) of the Act and breached section 17(1)(b) and (c) by failing to state the specific exemption on which it was relying (down to the subsection) and failing to state the reasons that the exemption applied. The Commissioner requires no steps to be taken.