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Breckland Council

  • Date 5 October 2022
  • Sector Local government
  • Decision(s) EIR 12.5.e: Partly upheld

The complainant requested copies of the Planning Services contract agreed between Breckland Council (the council) and Capita Symonds Limited (Capita) in 2009, and some associated documents. The council initially withheld the requested information under section 43(2) - commercial interests, and section 12 – cost limits, of the Freedom of Information Act (FOIA). During the course of the Commissioner’s investigation, the council reconsidered the request under the EIR and, after conducting a series of further reviews, released the majority of the requested information. However, the council has continued to withhold some information under regulation 13 – personal information, which the complainant does not contest, and regulation 12(5)(e) – confidentiality of commercial information, of the EIR. It is the Commissioner’s decision that the council is entitled to withhold some, but not all, of that information which it claims to be subject to the exception at regulation 12(5)(e). The Commissioner requires the council to disclose the information set out within confidential annex attached to this decision notice.