Kent County Council
- Date 6 February 2025
- Sector Local government
- Decision(s) FOI 36(2): Upheld
The complainant requested information relating to funding for pupils with special educational needs and disabilities (SEND) for Kent County Council (the Council). The Council refused part one of the request under section 36 (prejudice to the effective conduct of public affairs) of FOIA but provided information in response to the rest of the request.
The Commissioner’s decision is that section 36(2)(b) and (c) of FOIA are engaged for part one of the request, but that the balance of the public interest lies in disclosing the information.
Regarding the time taken to respond to the request, the Council breached section 10 of FOIA as it did not respond to the request within 20 working days.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation - Disclose the withheld information, with any personal data redacted under section 40(2) (personal information) as appropriate.
The Council must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.