London Borough of Wandsworth

In a four part request, the complainant requested information about student exclusions and school placement processes. London Borough of Wandsworth (‘the council’) disclosed information relevant to one part and originally withheld the remaining information under section 40 of FOIA, which concerns personal data. The council’s final position is that it doesn’t hold information within scope of one part of the request and is refusing two parts under section 12(1), which concerns the cost of compliance. It maintained its reliance on section 40 in respect of the fourth part. The Commissioner’s decision is that part 2 of the request engages the exemption under section 40(5B) of FOIA and parts 1 and 4 engage section 12(1). On the balance of probabilities, the council doesn’t hold further recorded information within scope of part 3. Finally, the council’s response to the request didn’t comply with sections 16(1) and 17(5) of FOIA in respect of timeliness and advice and assistance. The council must take the following step to ensure compliance with the legislation: If it hasn’t done so by the date of this notice, the council must comply with its duty under section 16(1) of FOIA in respect of parts 1 and 4 of the request.