ICO Decision on Wealden Council FOI Request

ICO Decision Notices

Filed February 27th, 2026

Detected March 6th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has issued a decision notice regarding a Freedom of Information (FOI) request made to Wealden District Council. The ICO found that the Council breached FOI time limits and partially upheld the Council's reliance on exemptions for personal information and prejudice to public affairs.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice concerning Wealden District Council's handling of a Freedom of Information (FOI) request. The ICO determined that the Council breached section 10 of the FOIA by failing to respond within the statutory 20-working-day timeframe. While the ICO accepted the Council's reliance on section 40(2) (personal information) to withhold certain officer and councillor details, it found that the Council was not entitled to withhold generic information relating to officers under this exemption. The ICO also upheld the Council's use of section 36(2)(b)(ii) and 36(2)(c) (prejudice to public affairs) for other information.

Wealden District Council is required to disclose specific information to the complainant within 30 calendar days of the decision notice date, either by providing the information directly or issuing an appropriate refusal notice. Failure to comply with this order may result in the ICO certifying the non-compliance to the High Court, potentially leading to contempt of court proceedings.

What to do next

Disclose specified information to the complainant or issue an appropriate refusal notice within 30 calendar days.
Ensure compliance with FOI time limits for future requests.

Penalties

Failure to comply may result in written certification to the High Court and may be dealt with as a contempt of court.

Source document (simplified)

Wealden District Council

Date 27 February 2026
Sector Local government
Decision(s) FOI 10: Upheld, FOI 36: Upheld, FOI 40(2): Partly upheld, FOI 3(2): Partly upheld The complainant requested information, specifically correspondence and notes relating to a particular Councillor, from Wealden District Council (“the Council”). Having viewed the information which the Council has refused to disclose to the complainant on the basis that it is not held by the Council for the purposes of FOIA, the Commissioner’s decision is that some information, relating to the premature collection of council tax direct debit payments, is held by the Council for the purposes of FOIA. However, he accepts that the remainder of the information is not held by the Council for the purposes of FOIA.

The Commissioner’s decision that the Council is entitled to rely on section 40(2) (personal information) of FOIA to withhold the names of Council officers and Councillors, and some information relating to the personal circumstances of Councillors. However, he finds that the Council is not entitled to rely on section 40(2) of FOIA to withhold some generic information relating to Council officers.

The Commissioner’s decision is that the Council is entitled to rely on section 36(2)(b)(ii) and section 36(2)(c) (prejudice to the effective conduct of public affairs) to withhold information within the scope of the request. He also finds that the Council breached section 10 (time for compliance) of FOIA by failing to respond to the request within the statutory timeframe of 20 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.

In respect of the information which the Commissioner finds to be held by the Council for the purposes of FOIA, indicated in the closed annex, the Council must either disclose that information to the complainant or issue an appropriate refusal notice. In respect of the information which the Commissioner finds does not engage section 40(2) of FOIA, indicated in the closed annex, the Council must disclose that information to the complainant.

The Council must take these steps 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.