Blackburn With Darwen Borough Council

The complainant has requested information about a vacant property. Blackburn with Darwen Borough Council (‘the council’) relied on section 40(2) of FOIA (third party personal information) and section 31 of FOIA (law enforcement) to withhold the requested information. The Commissioner’s decision is that the council was entitled to rely on section 40(2) of FOIA to withhold the requested information. However, he also finds that the council breached section 17 of FOIA for failing to issue a refusal notice stating it was relying on sections 40(2) and 31 within 20 working days of receipt of the original request. The Commissioner does not require further steps.