Devon and Somerset Fire and Rescue Service (Local government) [2019] UKICO fs50832220 (31 October 2019)
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Devon and Somerset Fire and Rescue Service
The complainant has requested records of a fire from Devon and Somerset Fire and Rescue Service (DSFRS). DSFRS provided some information but withheld the reminder, citing sections 40(2) (personal information), 31(1) (investigations and proceedings) and 36(2)(b)(ii) (prejudice to effective conduct of public affairs) of the FOIA. During the Commissioner’s investigation it withdrew reliance on section 31(1) instead relying on section 36(2)(c) of the FOIA. The complainant also disputed that the information he had been provided with was accurate and complete. The Commissioner’s decision is that DSFRS has correctly applied the provisions of sections 36(2)(b)(ii) and 36(2)(c) of the FOIA and she finds that the public interest favours maintaining these exemptions. She also finds that DSFRS was entitled to rely on section 40(2) (personal information) of the FOIA and that it has complied with section 1 of the FOIA. No steps are required.
FOI 40:
Complaint not upheld
FOI 36:
Complaint not upheld
FOI 1:
Complaint not upheld
Decision notice: fs50832220
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50832220.html
