Oxford Direct Services Ltd

The complainant requested information held by Oxford Direct Services Ltd
(ODSL) relating to all tender exercises that have involved 1st Choice
Scaffolding. ODSL disclosed only part of the information requested by the
complainant. It refused to provide the remaining information held, citing
section 21 – information reasonably accessible by other means, section
43(1) – trade secret, and section 43(2) – commercial interests, of FOIA.
At the internal review stage, ODSL withdrew its reliance on the exemption
at section 43(1) of FOIA. The Commissioner’s decision is that whilst ODSL
is entitled to refuse part of the request under section 21, it did not comply
with its section 16 obligation to offer advice and assistance. The
Commissioner has also decided that ODSL is entitled to rely on section
43(2) in respect of only part of the withheld information. As ODSL also
failed to confirm that it had considered the public interest test in respect
of section 43(2), both in its original response to the request and its
internal review response, the Commissioner has found a breach of section
17(3) of FOIA. The Commissioner requires ODSL to disclose that part of
the withheld information provided separately to this decision notice, with
the exception of that information that is either highlighted in green (which
ODSL is entitled to withhold under section 43(2)), or contains the name
or contact details of any individual (personal information). He also
requires ODSL to provide appropriate advice and assistance to the
complainant which will allow them to reasonably access the information
published on ODSL’s website that is relevant to part 2 of the request.
FOI Section 21: Complaint upheld, FOI Section 43(2): Complaint Upheld, FOI Section 17(3); Complaint Upheld