Bracknell Forest Borough Council

The complainant submitted a four part request for information about named senior officers within Bracknell Forest Council (the council). The council provided some of the requested information, but refused part 4 of the request under section 40 (third party personal information) and an element of part 1 of the request under section 12 (cost limits) of FOIA. During the Commissioner’s investigation the council said that where it had previously relied on section 12 to refuse an element of part 1 of the request, it now found that it did not hold that information. The complainant disputes that the council does not hold this information, and also its reliance on section 40 to refuse part 4 of their request. The Commissioner’s decision is that the council is entitled to rely on section 40(2) to withhold information falling within scope of part 4 of the request.The Commissioner is also satisfied that, on the balance of probabilities, the council does not hold information falling within the relevant element of part 1 of the request.The Commissioner does not require any steps.