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

ICO Decision Notices

Filed March 20th, 2026

Detected March 24th, 2026

Summary

The UK's Information Commissioner's Office (ICO) issued a decision regarding a Freedom of Information (FOI) request made to Lewisham Council. The ICO upheld the council's decision to withhold information under FOI section 40(2) but found the council breached section 17 by failing to issue a timely refusal notice.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice concerning a Freedom of Information (FOI) request made to Lewisham Council regarding a selective licensing scheme. The ICO found that the council was justified in withholding information under section 40(2) of the FOIA, which pertains to third-party personal data. The Commissioner also concluded that the council had provided all information held within the scope of the request.

However, the ICO determined that Lewisham Council breached section 17 of the FOIA by failing to issue a refusal notice within the statutory 20-working-day period. Despite this breach, the Commissioner has not required any specific steps to be taken as a result of this decision, indicating no further action is mandated for the council.

Source document (simplified)

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.