London Borough of Southwark

The complainant submitted a request to London Borough of Southwark (the council) for information regarding the commercial lease arrangements at Pullens Yard.
The council initially considered the request under FOIA and withheld the requested information under section 43(2) (commercial interests). As a result of the investigation, the council reconsidered the request under the EIR and withheld the requested information under regulation 12(5)(e) (commercial or industrial information).
The Commissioner’s decision is that the council was entitled to rely upon regulation 12(5)(e) of the EIR to withhold some of the requested information, and that, in relation to this information, the balance of the public interest favours maintaining the exception. However, he finds that with the exception of the financial and lease information, the council is not entitled to rely upon regulation 12(5)(e) to withhold the requested information.  Furthermore, in initially handling the request under FOIA, and not the EIR, the council breached regulations 5(1), 14(2) and 14(3) of the EIR.
The Commissioner requires the council to take the following steps to ensure compliance with the legislation.
•    Disclose all the requested information bar the financial information.
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.