Redcar and Cleveland Borough Council

The complainant requested information relating to councillors who were in council tax arrears. Redcar & Cleveland Borough Council (the Council) provided details of the number of councillors in arrears but withheld the remaining information under section 40(2) (personal data) of the FOIA. During its internal review the Council stated that it also considered that section 38(1) (health and safety) applied to the withheld information. During the course of the Commissioner’s investigation, the Council disclosed further information, but continued to withhold the names of the councillors concerned. The Commissioner’s decision is that the Council correctly applied section 40(2) of the FOIA to the names of the councillors concerned. However, the Commissioner finds that the Council breached section 10 (time for compliance) of the FOIA in failing to disclose some information within the statutory timescale. The Commissioner does not require any steps to be taken.