Hartlepool Borough Council FOI Decision Notice 22 April 2026
Summary
The Information Commissioner's Office has upheld a complaint against Hartlepool Borough Council regarding its refusal to disclose information about alleged fraudulent attempts to obtain school places. The council had relied on Section 40(2) of FOIA (third-party personal data exemption) to withhold the information, citing low numbers that could identify individuals. The ICO determined the exemption was not validly applied and ordered disclosure within 30 calendar days. Non-compliance may result in the Commissioner certifying this fact to the High Court as contempt of court.
Public authorities receiving batch FOI requests on sensitive topics (fraud, misconduct, admissions) should apply Section 40(2) carefully—low numbers alone do not automatically justify withholding. Document the specific identifiability risk, not just the category of personal data. The contempt-of-court consequence is the enforcement backstop but the operational risk is reputational and procedural.
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 issued a decision notice on 22 April 2026 finding that Hartlepool Borough Council was not entitled to withhold information under Section 40(2) of FOIA. The information concerned reports of attempts to obtain school places by fraudulent means. The council had partially complied with the request but withheld remaining information claiming the low numbers of cases could identify third-party individuals. The Commissioner determined this exemption did not apply and ordered the council to disclose the information.
Public authorities handling similar FOI requests should carefully assess whether Section 40(2) is properly invoked when dealing with low numbers of individuals. The ICO's decision reinforces that personal data exemptions cannot be used merely because disclosure could theoretically identify someone without proper balancing against public interest. Authorities must comply with the 30-day deadline to avoid potential 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.
Hartlepool Borough 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. Hartlepool Borough Council (the council) provided some information in scope of the request and explained that due to low numbers 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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