Manchester City Council

The complainant submitted a four part request for information held by Manchester City Council (the council) about waste collection at the block of flats where they reside. The council provided information in response to part 1 and 2 of the request. It also confirmed it was withholding information under section 40 of FOIA (third party personal information), but did not specify what part of the request this applied to. At the internal review stage, the council provided the complainant with some additional information, and subsequently confirmed that this was all of the information it had previously considered to be exempt from disclosure under section 40. The Commissioner considers that there was one objective reading of the request, and that the council interpreted the request in line with this objective reading. The Commissioner is also satisfied that, on the balance of probabilities, the council has provided all of the information held that falls within scope of the one objective reading of the request and has complied with section 1(1)(b). However, as the council failed to confirm in both its initial response, and in its internal review response, whether it held, or did not hold, information falling within scope of parts 3 and 4 of the complainant’s request, the Commissioner has found a breach of section 1(1)(a) of FOIA. In addition, as the council failed to provide any information in response to the request, or issue a refusal notice citing its reliance on section 40 to withhold part of the information, within 20 working days, the Commissioner has found a breach of section 10, and section 17, respectively.