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London Borough of Redbridge - Councillor Property FOIA Decision

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Summary

The ICO issued a Decision Notice regarding a Freedom of Information complaint against the London Borough of Redbridge. The ICO upheld the council's refusal to disclose addresses of rental properties owned by a former councillor under section 44(1)(a) (statutory prohibition). However, the ICO determined the council incorrectly withheld related correspondence under section 40(2) (personal data), meaning that material must now be disclosed.

What changed

The ICO upheld in part and dismissed in part a complaint against the London Borough of Redbridge's refusal to disclose information related to a former councillor's rental property portfolio. The council correctly withheld property addresses under section 44(1)(a) FOIA on the basis of statutory prohibition. However, the ICO found the council incorrectly applied section 40(2) (third-party personal data) to withhold correspondence about property licences, as the exemption was not properly established.

Public authorities handling similar FOI requests involving councillor or elected official information should review their application of personal data exemptions under section 40(2). The decision clarifies that correspondence about licensing matters does not automatically qualify for exemption and requires specific justification. Local authorities should ensure their exemption claims are appropriately documented and that any withholdings can withstand ICO scrutiny.

What to do next

  1. Disclose the correspondence regarding councillor property licences within the compliance period
  2. Maintain protection of councillor property addresses under section 44(1)(a)

Archived snapshot

Apr 8, 2026

GovPing 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.

London Borough of Redbridge

  • Date 31 March 2026
  • Sector Local government
  • Decision(s) FOI 40: Upheld, FOI 44: Not upheld The complainant submitted a request to the London Borough of Redbridge (the Council) seeking a list of addresses of rental properties owned by the (then) Councillor Athwal and correspondence between him and the Council about the property licences for such properties. The Council withheld the addresses on the basis of section 44(1)(a) (statutory prohibition) and the correspondence on the basis of section 40(2) (personal data) of FOIA. The Commissioner’s decision is that the addresses of the properties are exempt from disclosure on the basis of section 44(1)(a) of FOIA. The correspondence is not exempt from disclosure on the basis of section 40(2).

Named provisions

Section 40(2) - Personal data Section 44(1)(a) - Statutory prohibition

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Last updated

Classification

Agency
ICO
Published
March 31st, 2026
Instrument
Notice
Legal weight
Binding
Stage
Final
Change scope
Minor
Document ID
IC-464090-D9S6
Docket
IC-464090-D9S6

Who this affects

Applies to
Government agencies
Industry sector
9211 Government & Public Administration
Activity scope
FOI request handling Information disclosure Personal data exemptions
Geographic scope
United Kingdom GB

Taxonomy

Primary area
Data Privacy
Operational domain
Legal
Topics
Civil Rights Government Contracting

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