Gateshead Council

The complainant has requested information relating to the performance of Domiciliary Care Service providers. Gateshead Metropolitan Borough Council disclosed some information and withheld other information under the exemptions for commercial interests (section 43(2)), prohibitions on disclosure (section 44) and applied section 12 to some of the information because it considered that the cost of complying with the request would exceed the costs limit. The Commissioner’s decision is that Gateshead Council: Failed to demonstrate that section 44(1)(a) is engaged and, in relation to section 43(2), failed to demonstrate that the public interest favoured maintaining the exemption. The Commissioner requires the public authority to disclose the withheld information to the complainant. Information Tribunal appeal EA/2016/0180 withdrawn.

https://ico.org.uk/media/action-weve-taken/decision-notices/2016/1624525/fs_50626059.pdf