Nottinghamshire County Council

The complainant requested information from Nottinghamshire County Council on the reasons why two highways claims initially rejected were subsequently paid out and the number of pothole investigation sheets recording that a claim had been made. Nottinghamshire County Council withheld the requested information in relation the reasons why it subsequently paid out on claims initially rejected under Section 40(2) of FOIA and stated that it did not hold any information in connection with investigation sheets recording when claims had been made. The Commissioner’s decision is that Nottinghamshire County Council was entitled to rely on Section 40(2) of FOIA for the information it withheld. The Commissioner has also decided Nottinghamshire County Council breached Section 10 of the FOIA by failing to issue a substantive response to the complainant’s request within 20 working days stating why it was withholding the requested information.