Sport England (Education) [2023] UKICO 238437 (12 December 2023)
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Sport England
The complainant has requested all correspondence between Sport England and Swim England relating to the draft Weston Report. Sport England disclosed some information and withheld the remainder under sections 21, 36(2), 40(2), 41 and 43(2) of FOIA. The Commissioner’s decision is that the withheld information engages sections 36(2)(b)(ii) and (c) of FOIA and the public interest favours maintaining the exemption. However, the Commissioner has recorded a procedural breach of sections 1 and section 10 of FOIA. The Commissioner requires Sport England to take the following steps to ensure compliance with the legislation: If it hasn’t already done so, Sport England must disclose to the complainant documents 15, 25, and 32 as described in its internal review decision. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10:
Complaint upheld
FOI 36(2):
Complaint not upheld
FOI 1:
Complaint upheld
Decision notice: 238437
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URL: http://www.bailii.org/uk/cases/UKICO/2023/238437.html
