Surrey Heath Borough Council

The complainant has requested information about procedures that are applicable to the paying of any financial award or allowance to its Chief Executive, from Surrey Heath Borough Council (the “Council”). The Council provided some information, but refused to provide the remainder, citing sections 36(2)(b)(i) and (2)(b)(ii), and 36(2)(c) (prejudice to effective conduct of public affairs) of the FOIA. During the Commissioner’s investigation, it revised its position, instead citing section 36(3) of the FOIA, the “neither confirm nor deny” provision of this exemption, by virtue of subsections 36(2)(b)(i) and (2)(b)(ii), and 36(2)(c) of the FOIA. The Commissioner’s decision is that section 36(3), by virtue of section 36(2)(c) only, is properly engaged and the public interest favours maintaining the exemption. No steps are required.