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Decision Summary

  • Case Ref: FS50208722
  • Date: 2 September 2009
  • Public Authority: Backwell Parish Council
  • Summary: The complainant made a request to Backwell Parish Council for copies of bank statements for the period December 2007 to March 2008. The Council refused the request claiming that all of the requested information was exempt under sections 40, 43 and 41 of the Act. During the Commissioner’s investigation, the Council agreed to disclose most of the information that it had originally withheld, with the exception of some information that it maintained was exempt under section 40(2) of the Act. The Commissioner finds that sections 43 and 41 are not engaged, but he is satisfied that the remaining information is exempt under section 40(2). As bank statements were listed as a class of information in the Council’s publication scheme at the time of the request the Council breached section 19(1)(b) of the Act for not making the information available on request. The Commissioner has also identified a number of procedural shortcomings in the way the Council handled the complainant’s request. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]