BBC journalist to appeal ICO decision on investigation into monitoring officer

A BBC political journalist is to appeal against a decision of the Information Commissioner’s Office that Cheshire East Council need not disclose information about the suspension and resignation of its former monitoring officer.

Phil McCann, who covers politics in the council’s area, told Local Government Lawyer that he intended to appeal against the ICO’s ruling, which means the case would go to the First-tier Tribunal (Information Rights).

The council said it understood Mr McCann’s challenge would be made.

The journalist had asked for a report compiled for the council’s disciplinary and investigation committee by an independent investigator and a summary of the reasons for Bill Norman’s suspension.

Cheshire East said it would withhold the information citing section 40(2) of the Freedom of Information Act relating to personal data and section 41 on information provided in confidence.

The council unusually “waived its opportunity to conduct an internal review on the grounds that it was unable to identify anyone with sufficient seniority to undertake such a review”, the ICO said.

In its decision notice the ICO said it was clear that disclosure of the requested information “would result in significant detriment” to Mr Norman, explaining: “It is not difficult to adduce detriment to the data subject’s future employment and in respect of his home life.

“The commissioner is in no doubt disclosure of the requested information would cause unwarranted stress to the data subject and his family.”

Cheshire East’s position was upheld.

Mark Smulian