Cumbria County Council

The complainant has made a request to Cumbria County Council (“the council”) for information relating to staff at a primary school. The council subsequently disclosed some held information under the terms of the Freedom of Information Act (“the FOIA”) and some in the form of a subject access request under the Data Protection Act 1998 (“the DPA”). It also withheld some information under the exemption provided by section 40(2) of the FOIA. The complainant disputed the application of section 40(2), and that more information was held by the council beyond that so far identified. The Commissioner’s decision is that the council has correctly withheld the information under section 40(2), and that no further information is held. However, in failing to provide a response within the time for compliance, the council has breached section 10(1). The Commissioner does not require any steps to be taken.