Devon and Somerset Fire and Rescue Service

The complainant has requested information relating to a contract for new fire engines. Devon and Somerset Fire and Rescue Service provided some information and withheld the remainder under sections 43(1) and (2) (Commercial interests) and 40(2) (Personal information) of the Freedom of Information Act 2000 (FOIA). Devon and Somerset Fire and Rescue Service also confirmed that it did not hold some of the requested information.

The Commissioner’s decision is that Devon and Somerset Fire and Rescue Service has appropriately applied section 43(2) to some of the withheld information ie technical drawings. However, she does not consider that section 43(2) is engaged in relation to final evaluation scores. She also considers that DSFRS has applied section 40(2) appropriately to the personal data. The Commissioner also considers that Devon and Somerset Fire and Rescue Service is correct to state that it does not hold some of the requested information.

However, the Commissioner considers that Devon and Somerset Fire and Rescue Service has not dealt with question 4 of the request appropriately. She also considers that Devon and Somerset Fire and Rescue Service breached sections 10 (Time for compliance) and 17 (Refusal of a request) of the FOIA.

The Commissioner requires Devon and Somerset Fire and Rescue Service to take the following steps to ensure compliance with the legislation.

Provide the complainant with a complete response to question 4 of his request.

Disclose the final evaluation scores.

Devon and Somerset Fire and Rescue Service must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. Information Tribunal appeal EA/2019/0210 allowed in part.