London Borough of Sutton Council

The complainant has requested copies of an educational psychologist report and related correspondence. The London Borough of Sutton (“the Council”) refused to provide the educational psychologist report and correspondence, citing section 40(2) (personal data) of FOIA. During the course of the Commissioner’s investigation the Council also sought to rely on section 12 (cost limits) to refuse the request, only to later withdraw its reliance on this provision. The Commissioner’s decision is that information within scope of the request does constitute third party personal data, and that disclosure of it would breach the data protection principles. Therefore the Council is entitled to rely on section 40(2) to withhold the information. The Commissioner does not require any steps.