ICO Decision: Lewisham Council FOI 17 Upheld, 40(2) Not Upheld

London Borough Of Lewisham

• Date 20 March 2026
• Sector Local government
• Decision(s) FOI 17: Upheld, FOI 40(2): Not upheld The complainant made a request concerning the selective licensing scheme introduced by London Borough of Lewisham (the council), and a specific property address. The council provided information in scope of the request but withheld information it considered to be personal data. The council explained that it had provided all the information it held in scope of the request except for information withheld under section 40(2) (third-party personal information) of FOIA. The Commissioner considers that section 40(2) of FOIA applies to the withheld information and that the council was entitled to rely on the exemption in this case. He also finds that on the balance of probabilities; the council had provided all the information it held within scope of the request. However, the Commissioner finds the council breached section 17 of FOIA for failing to issue a refusal notice stating it was relying on section 40(2) within 20 working days of receipt of the original request. The Commissioner does not require any steps as a result of this decision.