Birmingham City Council

The complainant has requested various information about job evaluations (request 1), and then subsequently, the internal communications relating to the handling of request 1 (request 2). In respect of request 1, the Council refused to comply under section 12(1), and in respect of request 2, the Council disclosed some held information but withheld the remainder under section 42(1). The Commissioner’s decision is that, in respect of request 1, the Council has failed to demonstrate that section 12(1) is engaged, and has also breached section 17(1). In respect of request 2, the Council is entitled to withhold specific information under section 42(1), but has breached section 10(1) and section 17(1). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Issue a fresh response to request 1 that does not rely upon section 12(1).