London Fire Brigade

The complainant requested fire and safety related reports from London Fire Brigade (‘LFB’) in relation to a named residential location. LFB provided some information but withheld the remainder under section 31(1)(g) of FOIA (the exemption for the exercise by any public authority of its functions for any of the purposes specified in subsection (2)). LFB said that the relevant purposes were section 31(2)(a) (the exemption for the purposes of ascertaining whether any person has failed to comply with the law) and section 31(2)(c) (the exemption for purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise). During the course of the Commissioner’s investigation, LFB reconsidered its position in relation to the requested fire safety/audit inspection reports and disclosed these to the complainant. It maintained that section 31 applied to the remaining emails. The Commissioner’s decision is that LFB has correctly applied section 31(1)(g) of FOIA to the remaining withheld information as disclosure would be likely to prejudice the exercise of its functions under sections 31(2)(a) and (c). The public interest favours maintaining this exemption. No steps are required as a result of this notice.