English Heritage

The complainant has requested information about considerations for a blue plaque for Sir Charles Chaplin. English Heritage provided some of the requested information but relied on sections 36, 43 and 40(2) of FOIA to withhold the remaining requested information. The Commissioner’s decision is that while English Heritage was entitled to rely on section 36 of FOIA, the balance of the public interest is weighted in favour of disclosure. He finds that English Heritage was not entitled to rely on section 43 of FOIA, but it was entitled to rely on section 40(2) of FOIA to withhold some of the information in part three of the request. He also finds that, on the balance of probabilities, English Heritage does not hold any further information within scope of parts one and two of the request. The Commissioner requires English Heritage to take the following steps to ensure compliance with the legislation: disclose the information requested in part three of the request, except for the information it’s withheld under section 40(2) of FOIA.