Decision notice FS50721575

The complainant submitted a request to Brighton and Hove City Council (the Council) for information it held about the due diligence it had undertaken in relation to the awarding of a heating services contract. The Council sought to withhold the requested information on the basis of section 43(2) (commercial interests) of FOIA. The Commissioner is satisfied that the requested information is exempt from disclosure on the basis of this exemption and that in all the circumstances of the case the public interest favours maintaining the exemption. However, the Council breached section 17(1) of FOIA by failing to respond to issue its refusal notice within 20 working days.