Cheshire West and Chester Council

The complainant has requested information relating to a tender for a Sexual Health Contract. Cheshire West and Chester Council disclosed some information and withheld other information under the exemption for prejudice to commercial interests (section 43(2) of the FOIA). The Commissioner’s decision is that Cheshire West and Chester Council failed to respond to the request within 20 working days and breached section 10(1) and Section 17(1) of the FOIA; failed to demonstrate that section 43(2) was engaged in relation to the supplier identified in the confidential annex to this decision notice, correctly applied section 43(2) to the other suppliers but that the public interest favours disclosing the information. The Commissioner requires the public authority to disclose all the withheld information to the complainant.