Mr Stuart Hardwicke Carruthers

Freedom of Information Act 2000

Request for “a copy of the risk register that accompanies the risk strategy”

Reference CS/08/0046

On 28 August 2008 Mr Carruthers made this request to the Commission by email. There followed a series of email exchanges with Ms Pook, the Communications and Records Manager, in which the Commission attempted to establish which of the registers were being requested. He eventually confirmed on 17 October 2008 that he wanted to see all the current registers (Strategic, Operational and Project).

The versions that have been sent to him include the columns that describe the risks and controls, but are redacted to remove the current assessment of risk and any commentary on actions underway to manage these risks.

I take the view that this redacted information should be excluded on the basis of Section 36 of the FOIA (inhibit the free and frank provision of advice/otherwise prejudice the conduct of public affairs). A disclosure of risk and actions being taken to manage the risk is likely to increase the risk to the operations under consideration and so prejudice both the provision of the advice and prejudice the effective management of the risk to the Commission's activities.

I have also excluded, in its entirety, the project risk register related to our replacement complaint management system - COIN. This is a document agreed between us and the contractor who is providing and currently installing the system and, as such is a document of a commercial nature. It is being excluded under section 43 of the FOIA (information, the disclosure of which would, or would be likely to, prejudice the commercial interests of any person).

I take the view that the benefit to the public of knowing the current assessment of risk to the Commission and the action underway to deal with this, is outweighed by the public interest in the Commission being able to deal effectively and economically with that risk in order to maintain its public services which are its primary function.

I a person who has been authorized by the relevant government department (Communities and Local Government) to apply the public interest test.

(Signed)

Nigel Karney

Deputy Chief Executive and Secretary

The Commission for Local Administration in England

28 October 2008.