Surrey Heath Borough Council

The complainant has requested from Surrey Heath Borough Council (“the Council”) information concerning the total monies spent on settling employment disputes which were subject to compromise agreements. The Council withheld this information under section 40(2). It subsequently also applied section 38 during the course of the Commissioner’s investigation. The Commissioner’s decision is that the sections 38 and 40(2) are not engaged. The Commissioner requires the public authority to disclose to the complainant the information withheld by virtue of section 38 and 40(2).