Mark House
Information Management
Shire Hall
Warwick
CV34 4RL
Telephone 01926 412211
Email xxxxxxxxxx@xxxxxxxxxxxx.xxx.xx
Please ask for Bruce Green
Our ref: 7236612
Your ref:
Date: 2nd November 2021
Dear Mark House
Freedom of Information Act 2000
Your request for information has been considered by Warwickshire County Council
under the Freedom of Information Act 2000.
I can confirm that the information you have requested is held by Warwickshire County
Council. However, please be advised we are unable to provide the information.
This is because we consider the information is exempt under Section 36 (Prejudice to
effective conduct of public affairs), Section 40 (Personal Information) and Section 43
(Commercial Interests) of the Freedom of Information Act 2000.
Please see below for further details and explanation.
You asked us:
Now that you have announced the closure of Marle Hall, the minutes and agenda
from both cabinet meeting and scrutiny committee when Marle Hall where
discussed should be made available.
Previously they have not been as it would have been seen to effect the councils
commercial position. Now the centre has closed, the council are not involved in
the area of business meaning the documents should be released as this will have
no effect on the council going forward.
If within those documents there are references to individuals or other
organisation involved in the sector or with interest of Marle Hall, those sections
can be omitted.
Yours faithfully.
We confirm that on 8 July 2021, Warwickshire County Council's Cabinet voted to close
Marle Hall on a permanent basis from Friday 22 October 2021. The decision was called
in and subsequently considered by the Children and Young People's Overview and
Scrutiny Committee before the decision was confirmed. On 27 July 2021, the members
of the Children and Young People's Overview and Scrutiny Committee voted not to take
any further action.
The agenda (including background papers) and minutes of these two committee
meetings were exempt from publication on the Council's website under Schedule 12A,
Part 1, paragraphs 2, 3 and 4 of the Local Government Act 1972 because these
documents contained:
a. Information which is likely to reveal the identity of an individual (Schedule 12A, Part
1, paragraph 2);
b. Information relating to the financial or business affairs of any particular person
(including the authority holding that information) (Schedule 12A, Part 1, paragraph 3);
and
c. Information relating to any consultations or negotiations, or contemplated
consultations or negotiations, in connection with any labour relations matter arising
between the authority or a Minister of the Crown and employees of, or office holders
under the authority (Schedule 12A, Part 1, paragraph 4).
The agenda and minutes are exempt from disclosure under section 36 of the FOIA
(prejudice to effective conduct of public affairs). Section 36 of the FOIA provides:
(1) This section applies to'
…
(b) information which is held by any other public authority.
(2) Information to which this section applies is exempt information if, in the reasonable
opinion of a qualified person, disclosure of the information under this Act'
…
(b) would, or would be likely to, inhibit'
(i) the free and frank provision of advice, or
(ii) the free and frank exchange of views for the purposes of deliberation, or
(c) would otherwise prejudice, or would be likely otherwise to prejudice, the effective
conduct of public affairs.
Section 36 requires that the qualified person for the public authority must give their
reasonable opinion that the exemption is engaged. An opinion was provided on 11
October 2021 by the Council's Monitoring Officer who is a qualified person for the
purposes of section 36.
Section 36 is a qualified exemption so the fact that the exemption is engaged by the
Monitoring Officer's opinion does not automatically mean that the information should be
withheld. The Council can only withhold the information under section 36 if the public
interest in withholding the information outweighs the public interest in releasing it. The
starting point must be to apply a presumption in favour of disclosure.
The public interest factors in favour of disclosing the information include promoting
transparency and the accountability of the Council, the significant interest of residents,
schools, parents and pupils in the closure of Marle Hall, and promoting public
understanding and scrutiny of the decision to close Marle Hall. The public interest
arguments in favour of withholding the information include the importance of protecting
the Council's ability to deliberate freely, frankly and effectively when information is
exempt from publication under the Local Government Act 1972 and the importance of
ensuring that all relevant background information is put before the Council when it is
exempt from publication under the Local Government Act 1972 without fear that it will
then be disclosed under FOIA. Having weighed the factors in favour of disclosure
against the factors in favour of withholding the information, we are satisfied that the
public interest in maintaining the exemption outweighs the public interest in disclosing
the information.
Some of the information in the agenda and minutes is also exempt from disclosure
under section 40(2) of the FOIA (protection of third party personal data) which exempts
information where complying with the request would breach any of the principles in the
UK GDPR.
The background report to the closure of Marle Hall contains information about a staff
member and the information is likely to reveal the identity of that individual. We do not
consider that it would be fair to that individual to publish their personal information.
Accordingly, disclosure of the information would contravene Article 5(1)(a) of the UK
General Data Protection Regulation in that there is no lawful or fair basis for processing
the information. The background report is therefore exempt from disclosure under
section 40(2) of the FOIA.
Some of the information in the agenda and minutes is also exempt from disclosure
under section 43(2) of the FOIA which exempts information where disclosure would, or
would be likely to, prejudice the commercial interests of any legal person (including the
public authority itself). The background report contains commercially sensitive details of
the Council's costings, information about the potential sales and/or disposals of the site
and its assets, and information about the Council's trading activity. In our view,
complying with the request would prejudice or would be likely to prejudice the Council's
commercial interests within the meaning of section 43(2) of the FOIA. This exemption is
also subject to the public interest test.
The public interest arguments in favour of disclosing the information include promoting
transparency and the accountability of the Council, the significant interest of residents,
schools, parents and pupils in the closure of Marle Hall, and promoting public
understanding and scrutiny of the decision to close Marle Hall. However, we consider
that these factors are outweighed by the public interest arguments in favour of
maintaining the exemption, which include the public interest in protecting the public
purse and ensuring that the Council is not hampered in its business affairs by disclosing
commercial-in-confidence material and details about the commercial position of running
Marle Hall as a traded service
If you are dissatisfied with the handling of your request, you have the right to ask for an
internal review. Internal review requests should be submitted within 40 days of the date
of receipt of the response to your original letter and should be addressed to:
Information Management
Shire Hall
Warwick
CV34 4RL
xxxxxxxxxx@xxxxxxxxxxxx.xxx.xx
If you are not content with the outcome of the internal review, you have the right to
apply directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113
Website: www.ico.gov.uk
I will now close your request as of this date.
Yours faithfully
Bruce Green
Information Rights Officer
