Babergh and Mid Suffolk District Council

The complainant requested information about upheld councillor code of conduct complaints, including names and decision notices, for the period 11 December 2024 to 12 June 2025. The council disclosed summary details of three upheld complaints but withheld the councillors’ names under section 40(2) of FOIA. During the Commissioner’s investigation, the council indicated that it would disclose the name of one councillor, as the councillor’s identity and sanction were already effectively in the public domain. However, at the date of this notice, it had not disclosed that information and had not confirmed whether it would disclose the associated decision notice. The council maintained reliance on section 40(2) for the remaining information. The Commissioner’s decision is that the council is not entitled to rely on section 40(2) of FOIA to withhold the councillors’ names in any of the three cases, nor the identifying information contained in the corresponding decision notices, insofar as that information is within scope of the request. Disclosure would be lawful, fair and transparent under Article 5(1)(a) of the UK GDPR. The Commissioner requires the council to take the following steps to ensure compliance with the legislation:
•    disclose the names of all three councillors; and
•    disclose copies of the corresponding decision notices, subject only to the redaction of any personal data whose disclosure would contravene the data protection principles.