Hampshire County Council FOI Decision Notice Upheld - Must Disclose School Records
Summary
The ICO has upheld a complaint against Hampshire County Council, finding that the council was not entitled to withhold information about attempts to obtain school places by fraudulent means under Section 40(2) of FOIA. The council had claimed the information was exempt as third-party personal data, but the Commissioner rejected this exemption. The council must now disclose the requested information within 30 calendar days of the decision notice date.
About this source
The Information Commissioner's Office is the UK's data protection and freedom of information authority. Decision notices are the formal written outcomes of ICO investigations into complaints against public authorities for Freedom of Information Act compliance. Around 230 decisions a month, each naming the authority, request details, whether the request was upheld, partially upheld, or rejected, and any remedial action ordered. Decision notices are a rich vein of information about UK government transparency and often reveal what specific requests ICO considers legitimate. Watch this if you file FOI requests in the UK, advise public authorities on disclosure obligations, or research information rights case law.
What changed
The ICO has issued a Decision Notice finding that Hampshire County Council improperly withheld information relating to reports of attempts to obtain school places by fraudulent means. The council had relied on Section 40(2) of FOIA (third-party personal data exemption) to withhold the information, arguing it related to individuals who were not the subject of the request. The Commissioner rejected this exemption, finding the council was not entitled to withhold the information under Section 40(2).
Public authorities relying on third-party personal data exemptions under FOIA Section 40(2) should review their practices carefully. The ICO's decision confirms that this exemption has defined limits and cannot be used to withhold information simply because it pertains to individuals other than the requester. Any council or public body that has withheld similar information on this basis should reassess whether such withholding is defensible, as failure to comply with a Decision Notice may result in contempt of court proceedings.
What to do next
- Disclose the requested information within 30 calendar days of the date of this decision notice
Penalties
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
Archived snapshot
Apr 28, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Hampshire County Council
- Date 22 April 2026
- Sector Local government
- Decision(s) FOI 40(2): Upheld The complainant made a batch request for information to a number of public authorities about reports of attempts to obtain a school place by fraudulent means. Hampshire County Council (the council) provided some information in scope of the request and explained that the remaining information was exempt from disclosure under Section 40(2) of FOIA as it related to third-party individuals. The Commissioner’s decision is that the council was not entitled to rely upon section 40(2) (third-party personal data) of FOIA to withhold the requested information. The Commissioner requires the council to take the following step to ensure compliance with the legislation. • Disclose the requested information. The council must take this step within 30 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.
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