Tendring District Council

The complainant has requested information relating to the departure of senior staff, changes to senior officer planning positions and authorisation of a named member of staff to a role within Tendring District Council (‘the Council’). The Council withheld two documents in relation to part one and two of the request under section 40(2) of FOIA and provided information in relation to part three of the request. The Commissioner’s decision is that the Council was entitled to rely on section 40(2) of FOIA to withhold the two documents in response to parts one and two of the request and that, on the balance of probabilities, the Council has disclosed all the information it holds falling within the scope of part three of the request. The Commissioner’s decision is that the Council breached section 1(1)(b) of FOIA as it did not communicate all the information held within scope of part two of the complainant’s request or issue a refusal notice stating why it could not be disclosed. The Council is therefore required to disclose the further information it has now identified as in scope of part two of the request or issue a section 17 refusal notice citing an exemption/s if it considers the information should be withheld.