Ards and North Down Borough Council (Local government) [2021] UKICO IC-65026 (3 August 2021)
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Ards and North Down Borough Council
The complainant requested information relating to an online Book of Condolence opened by Ards and North Down Borough Council (the ‘Council’) following the death of George Floyd. The Council said it did not hold some of the requested information and refused to provide the remainder, citing section 36, the FOIA exemption for prejudice to effective conduct of affairs. Specifically, it cited 36(2)(b)(ii) for one part of the request and 36(2)(c) for the remaining part. The complainant was only concerned with the Council’s reliance on section 36. The Commissioner’s decision is that sections 36(2)(b)(ii) and 36(2)(c) are engaged and she finds that the public interest favours non-disclosure of the requested information. The Commissioner does not require the Council to take any steps to ensure compliance with the legislation.
FOI 36:
Complaint not upheld
Decision notice: IC-65026
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-65026.html
