Ministry of Housing, Communities and Local Government (Department for Levelling Up, Housing and Communities)

The complainant requested copies of the minutes from meetings held between the Ministry of Housing, Communities and Local Government (MHCLG) and Property Redress. The MHCLG refused the complainant’s request, citing section 40 (third party personal information) and section 43(2) (commercial interests) of FOIA. During the Commissioner’s investigation, the MHCLG advised that it now wished to rely on FOIA section 35(1)(a) (formulation or development of government policy) to withhold part of the requested information. The Commissioner has decided that the majority, but not all, of the information withheld under section 40, is subject to that exemption. The Commissioner has also decided that section 43(2) is engaged in respect of some, but not all, of the information withheld by the MHCLG under that exemption. Where section 43(2) is engaged, the Commissioner has found that the public interest favours maintaining the exemption. Finally, whilst the Commissioner has decided that section 35(1)(a) is engaged in respect of all of the information the MHCLG withheld under that exemption, the public interest favours the disclosure of part of that information. The Commissioner requires the MHCLG to disclose the relevant information contained within the document attached to this decision notice.