Freedom of Information Exemptions

There are 23 exemptions under the Freedom of Information Act (FOI). There are two classes of exemptions: Absolute and qualified.

We regard all information held by the council as public, unless an exemption applies.

If information is withheld due to an exemption you will be informed in writing. Exemptions are also affected by timing; for example, if you request information that, if revealed, would affect an investigation then the information could be ruled as against the public interest and would therefore be exempt.

However, if you request the information after the investigation has been completed then it may no longer be exempt under the Act.

Absolute exemptions

• Information accessible by other means - on our website, available for inspection by the public by other statute
• Court records
• Personal information, available under the Data Protection Act
• Information provided in confidence
• Information prohibited by or under any enactment; information incompatible with any community obligation; information which could be in contempt of court

Qualified exemptions

Qualified exemptions require that a public interest test be conducted.

These will be conducted by the FOI officers and, where necessary, with support from the council's legal services.

This test requires that we consider whether or not it is in the public interest to provide the information even though an exemption may apply.

Under FOI, the presumption is to disclose the information and only if the public interest test clearly demonstrates that it is not in the public's interest will the information not be released.


Some examples of qualified exemptions that may apply to Southwark Council activities

• Information intended for future publication
• Investigations and proceedings conducted by public authorities
• Information prejudicial to the effective conduct of public affairs - a public interest test must be conducted by the council's monitoring officer
• Law enforcement
• Health and safety
• Environmental information which is available under the Environmental Information Regulations
• Legal professional privilege
• Commercial interests

For more information please contact the Corporate Records Manager at accessinfo@southwark.gov.uk