Council wrong to turn down FOI request

Perth and Kinross Council wrongly withheld information from a man who had asked for details of a meeting its officials had with a local bishop, the Scottish Information Commissioner (SIC) has ruled.

The ruling comes after the man asked the commissioner to review the local authority’s decision not to disclose the content of certain documents created either during or after a meeting officials had with Stephen Robson, the Bishop of Dunkeld, last year.

It is understood the meeting concerned the council’s decision to cancel the voting rights of church representatives invited to sit on its lifelong learning committee after two representatives controversially voted to close Blairingone Primary School during a meeting last March.

The man, whose identity remains unclear at this stage, filed a Freedom of Information (FoI) request asking for copies of“any correspondence regarding this meeting … any briefings, notes, advice or any other documentation produced … in preparation of this meeting”and any of the same“produced by a third party for use by the council in consideration of the matter being discussed”.

He also asked the local authority for copies of“any other documentation held by the council on religious representatives,”as well as copies of any“notes, minutes or any other documentation taken at the meeting or created after the meeting,”through the same request.

Council officials initially refused to hand over copies of the last lot of documents, claiming the information contained therein was“exempt from disclosure”under sections of the Freedom of Information (Scotland) Act (FOISA).

But just five days after PKC was notified the man had referred the matter to the SIC, the same officials sent him a further three documents which were covered by his request and should have been shared with him in the first place. Summarising the case the SIC said in a decision published online: “The council was asked about a meeting it held with representatives of the Roman Catholic Church.

“The council withheld information on the grounds that it was either legal advice or that its disclosure would dissuade the free and frank exchange of views for deliberation.

“During the investigation, the council disclosed further information to the applicant, but it continued to withhold some information for the reasons it had previously cited. Following an investigation, the commissioner found that the council had correctly applied exemptions to the withheld information, but he also found that the council failed to comply with section 1(1) of FOISA by initially withholding information from the applicant that it later disclosed.”