Local Government Association

The complainant has requested information about the recruitment for two roles by Sandwell Metropolitan Borough Council. The Local Government Association (“the LGA”), which was involved in facilitating the recruitment, disclosed information subject to some redactions under sections 40(2) (personal information), 41(1) (information provided in confidence), and 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that, in respect of sections 40(2) and 41(1) the LGA is entitled to withhold the information, but in respect of section 43(2) the LGA is not entitled to withhold the information. The Commissioner is also satisfied that all relevant information has been identified in respect of the request. However, the Council breached section 10(1) and section 17(1) by failing to respond to the request within the statutory period. The Commissioner requires the LGA to take the following steps to ensure compliance with the legislation: Disclose the information withheld under section 43(2).

Correction: The Commissioner has since identified that only a partial breach of section 10(1) and section 17(1) occurred. This is because the Council initially responded to the request on 19 July 2023, and applied the provision of section 10(3) to extend the time for compliance. Information Tribunal FT/EA/2024/0191 under appeal.