Tunbridge Wells Borough Council

The complainant asked to know the name of a consultant who had been paid to do work for Tunbridge Wells Borough Council (‘the Council’) and what he was paid for. The Council refused the request, citing the exemption at section 43 (Commercial interests) of FOIA. The Commissioner’s decision is that the Council was not entitled to rely on section 43 to withhold the requested information. He also finds that it breached sections 1 and 10 of FOIA, by failing to respond to the request within the statutory time for compliance. The Commissioner requires the Council to disclose the name of the consultant and what the payments made by the Council were for.