Sandwell Metropolitan Borough Council
- Date 22 March 2023
- Sector Local government
- Decision(s) FOI 22: Upheld, FOI 40(5) (1): Not upheld
The complainant has requested information about the departure of the previous Chief Executive (“CEO"). Sandwell Metropolitan Borough Council (“SMBC”) supplied some information, but withheld information related to payments, using section 22 of FOIA (Information intended for future public publication). It also refused to confirm or deny holding information within the scope of some parts of the request.
The Commissioner’s decision is that SMBC is entitled to rely on section 40(5B) (Personal Data) in the manner that it has done. The Commissioner has found that SMBC is not entitled to rely on section 22 to withhold information.
The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
• Disclose the total payment made to the outgoing CEO.
The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.