Brighton and Hove City Council

The complainant has requested information about an overcharge by a subcontractor to Brighton and Hove City Council. The Council disclosed some information but redacted the identity of the subcontractor under the exemptions provided by sections 40(2), 41(1), and 43(2) of the Freedom of Information Act. The complainant contested whether the information had been correctly withheld, that that further relevant information was held. The Commissioner’s decision is that the Council has correctly withheld some of the information under section 41(1). In respect of the first limb of the request, the Council has breached section 16 by failing to provide advice and assistance to clarify its scope. In respect of the second limb of the request, no further relevant information is held. The Council breached the requirements of sections 10(1) and 17(1) in responding to the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: In respect of the first limb of the request, provide advice and assistance to the complainant so as to enable him to submit a clarified request.