Visser v IC and Southwark Borough Council (EA/2012/0125) (“Visser”)

In Visser, the FTT found that an attendance register signed by schools at a leisure centre whose operation was outsourced to a contractor by the respondent public authority was “held” by that authority under s. 3(2)(b) FOIA.

The FTT’s reasoning is at [29], but in essence the FTT found that the contractor was required to report on its provision of the outsourced services, and that while the contract did not specify the details of how to derive the information to produce these reports, the requested information was “the source from which records are made” and as such was held for the public authority’s contractual purposes. The information could reasonably be required by the public authority for auditing purposes, and the contractor would need to retain it to demonstrate the accuracy of its reports and/or to prove that there had not been fraud.

20130111 Decision EA20120125 Visser

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