Thurrock Council
- Date 24 November 2022
- Sector Local government
- Decision(s) FOI 1: Upheld, FOI 10: Upheld, FOI 36: Partly upheld, FOI 43: Upheld
The complainant has requested information about borrowing that Thurrock Council (‘the Council’) has undertaken to finance its investments in the renewable energy sector. The Council disclosed some information, but it refused to disclose the remainder, citing sections 36(2)(c) (Prejudice to effective conduct of public affairs) and 43(2) (Commercial interests) of FOIA. The Commissioner’s decision is that Thurrock Council is entitled to rely on section 36(2)(c) of FOIA to withhold information on the interest rates it was charged by lenders. However, for the remaining information, he finds that while section 36(2)(c) is engaged, the public interest favours disclosure. He finds that section 43(2) of FOIA is not engaged. The Council breached sections 1 and 10 of FOIA by failing to respond to the request within the 20 working day time for compliance. The Commissioner requires the Council to disclose the information requested at parts (2), (2.1), (2.2), (2.4) (2.5) and (3) of this request.