Bristol City Council

The complainant requested a copy of a contract held by Bristol City Council (the council) which sets out details of an agreement it has made with Constellia to conduct Care Act assessment reviews on its behalf. The council initially issued a refusal notice, citing the exemption at section 43(2) (commercial interests) of FOIA. At the internal review stage, the council released some of the requested information to the complainant. During the Commissioner’s investigation, the council disclosed some additional information but continued to rely on section 43(2) as its basis for withholding some financial information. The council also advised that it was withholding the names of individuals contained within the contract under section 40 (personal information) of FOIA. The Commissioner’s decision is that the council is entitled to rely on section 43(2), and section 40, of FOIA as its basis for refusing to provide the remaining withheld information contained within the contract. However, as the council failed to provide the information that it did disclose to the complainant within the statutory timescales specified under FOIA, the Commissioner has recorded a breach of section 10(1).