Sheffield City Council

The complainant has requested information about the contract for its interim Chief Executive from Sheffield City Council (the “Council”). The Council provided some information, said some was not held and withheld the remainder citing the exemptions at sections 40 (personal information) and 43 (commercial interests) of the FOIA. During the Commissioner’s investigation further information from within the contract was disclosed.

The Commissioner’s decision is that, where the Council advised that information was not held, the Commissioner accepts that, on the civil standard of the balance of probabilities, it was entitled to do so. She also finds that it was entitled to rely on section 43 to withhold the remaining information in the contract. The complainant did not contest the citing of section 40 so this has not been considered. No steps are required. Information Tribunal appeal EA/2020/0344 appeal allowed in part.