City of Westminster Council

The complainant requested information regarding Marks and Spencer’s tilling systems following a complaint to Surrey County Council Trading Standards which was referred to and investigated by the City of Westminster as the Primary Authority. The City of Westminster refused to confirm or deny whether the information requested was held under section 44(2) of the FOIA on the basis that the disclosure of any information, if held, was prohibited by part 9 of the Enterprise Act 2002. The Commissioner’s decision is that the City of Westminster has correctly applied section 44(2) of the FOIA. The Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2015/0183 dismissed.