Ministry of Housing, Communities and Local Government (Department for Levelling Up, Housing and Communities)

The complainant requested various information relating to any internal and external engagement concerning Woking Borough Council’s (the Council) proposed £58 million borrowing from the Public Works Loan Board (PWLB) in 2022. The Ministry of Housing, Communities and Local Government (the MHCLG) provided some information and withheld other information by virtue of section 35(1)(a) (formulation or development of government policy) of the FOIA. During the course of the Commissioner’s investigation it withdrew its reliance on section 35(1)(a) and sent redacted copies of the previously withheld information to the complainant. It confirmed that it had withheld the contact details and names of junior members of staff under section 40(2) (personal data) of the FOIA. The complainant was not satisfied with the redactions and also considers that the MHCLG has not identified all relevant information it holds in respect items 3 and 4 of their request. The Commissioner’s decision is that based on the balance of probabilities, the MHCLG does not hold information relevant to items 3 and 4 of the request and has therefore complied with section 1 of the FOIA. The Commissioner also considers that the MHCLG was entitled to withhold information on the basis of section 40(2) of the FOIA. The Commissioner does not require any steps.