Regulator of Social Housing

The complainant has requested communications between the Regulator of Social Housing (the RSH) and two Registered Providers (RP’s) relating to a potential merger. The RSH responded and disclosed some correspondence but withheld information under section 31 (law enforcement), 40 (personal information), 41 (information provided in confidence), 42 (legal professional privilege) and 43 (commercial interests) FOIA. The complainant also queried if further information was held. The Commissioner’s decision is that the RSH has conducted appropriate searches and that all relevant information has been located in line with its obligations under section 1. He also finds that the majority of the information engages section 41 and the RSH has correctly withheld this. Personal data has also correctly been withheld under section 40 FOIA. For the remaining information withheld under section 43 and section 31 the Commissioner does not find either exemption is engaged. This information is contained in documents referred to as Annex 9 and Annex 13 by the RSH. The Commissioner requires the public authority to disclose the information in Annex 9 and Annex 13 withheld under either section 31 or 43 exclusively.