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Norfolk County Council

  • Date 18 December 2014
  • Sector Local government
  • Decision(s) FOI 41: Upheld, FOI 43: Upheld

The complainant has requested information relating to the fee structure and charging of top-up fees at a specific nursery. The Commissioner’s decision is that Norfolk County Council has incorrectly applied the exemption for information provided in confidence at section 41 of the FOIA and the exemption for commercial interests at section 43(2) of the FOIA. The Commissioner requires the public authority disclose the letter from the nursery to the council dated 4 February 2014.
Disclose the email exchanges between the DfE and the council redacting the name of the complainant and issue a fresh response, under the terms of the FOIA, regarding the letter of 16 January 2014 from the council to the nursery.The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.