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Hartlepool Borough Council

  • Date 22 April 2026
  • Sector Local government
  • Decision(s) FOI 40(2): Upheld

The complainant made a batch request for information to a number of public authorities about reports of attempts to obtain a school place by fraudulent means. Hartlepool Borough Council (the council) provided some information in scope of the request and explained that due to low numbers the remaining information was exempt from disclosure under Section 40(2) of FOIA as it related to third-party individuals. 
The Commissioner’s decision is that the council was not entitled to rely upon section 40(2) (third-party personal data) of FOIA to withhold the requested information.
The Commissioner requires the council to take the following step to ensure compliance with the legislation.
•        Disclose the requested information.
The council must take this step 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.