Hampton Lucy Parish Council

The complainant requested an audio recording of a meeting from Hampton Lucy Parish Council, Warwickshire (“the Parish Council”). The Parish Council previously refused the request under section 14(1) FOIA: vexatious requests, but it was found by the Commissioner that the request was not vexatious, and the Parish Council was ordered to make a fresh response. After reconsidering the request, the Parish Council refused it under section 36(2) of FOIA: prejudice to the effective conduct of public affairs; specifically, under section 36(2)(b)(ii) which can be cited where disclosure would, or would be likely to, inhibit the free and frank exchange of views for the purposes of deliberation. The Commissioner’s decision is that the exemption is engaged. However, he considers that on the balance of the public interests, the audio recording should be disclosed. The Commissioner requires the Parish Council to take the following step to ensure compliance with the legislation: Disclose the recording to the complainant.