Medway Council

The complainant requested the name and registration number of a social worker, specifying the circumstances and date. Medway Council (the ‘Council’) refused to provide the requested information, but failed to cite any FOIA exemption. During the course of the Commissioner’s investigation, the Council revised its position and cited section 40(5)(b)(i) – the ‘neither confirm nor deny’ provision within FOIA for third party personal data. The Commissioner’s decision is that the Council should have instead issued a ‘neither confirm nor deny’ response in accordance with section 40(5A) of FOIA for the reasons set out in this notice. No steps are required as a result of this decision.