Hi Ibrahim,

I hope you can help me with an FOI request I’vereceived and put simply– I’m stuck, especially as the ICO advice line is closed due to a strike.

The applicant, a mobile food van owner/operator(X)wants to see allinformation aboutcomplainta company (Y) has made to the Council againstX. There have been internal investigations as part ofY’s complaint, which have been carried out and are now complete. X wants to see all the paperwork for these investigations.

I don’tbelieveit’s personal informationas the issue revolves around the location of X’s van,possibletradinglicence infringements and matters of health and safety re a trailing cable. Some have been upheld others have not. Thecable may be an issue if X doesn’t follow Council’s advice– but as he has been told by the Council he’s clearly aware of it.

NormalCouncilprocedures are thatthe findings ofsuchinvestigations are not publishedanywhereas they are a matter between the complainant and the Council, but the complainant, Y will receive a copy of the investigation and its findings.

Obviously X knows of the complaint by Y as he has been in discussions with Y and the Council over the issue, but I’m not sure if this is confidential or not. I’ve looked through the complaint report and prima facie doesn’t appear confidential as all parties have been involved.

As the request is from one of the peopleinvolved in the complaintI can’t see any reason why it can’t be disclosed but if someone in the Council objects,whatdo you think are my options?

Idon’t’ think s30 is viable, and certainly not s36 as we wouldn’t be givinganything away as to procedures etc. I can’t see s41 being applicable, nor s43, nor s38.

I assume this would be different if the request had come from a party notinvolvedwith the complaint, although Ithink Iwould struggle with the application the possible exemptions.

If you can let me have your take on this I would be most grateful. Are you aware of any cases similar to this?