Chesterfield Borough Council

The complainant submitted a request to Chesterfield Borough Council (the council) for electric schematics, and other electrical documentation, relating to a local leisure centre. The council initially refused to provide the requested information, citing section 38(1)(a) (health and safety) of FOIA. During the Commissioner’s investigation, the council revised its position and provided the complainant with part of the requested information. The council has refused to disclose the remaining information held falling within scope of the request, citing the exemptions at section 31(1)(a) (prevention and detection of crime), section 31(1)(g) (protection of the exercise of public functions) and section 43(2) (commercial interests) as its basis for doing so. The Commissioner’s decision is that the council is entitled to rely on section 31(1)(a) when refusing to provide the remaining withheld information.