Incidental inquiry of previous council term.

Question

A recently by-elected councillor to the council is wishing to access information the prior elected council undertook in relation to an investigation of a previous employee who was dismissed for gross misconduct, this not being a minor incident, and has also triggered an FOI from a member of the public. Would it be incorrect to divulge the document?

Answer 1

No, I presume it was all done under a closed session which your new councillor was not part of.  Why bring up all the old news and if the information was released under an FOI request all personal data would need to be redacted.

Answer 2

All FOI requests require a response, but not necessarily the release of the information requested. The Council must decide whether the public interest in divulging the information outweighs the right of the individual to privacy. From what you have written, my inclination would be to question whether there is any legitimate reason to share any of the information with either the councillor or the member of the public. If the dismissal took place less than six months ago, it might still be the subject of an employment tribunal, which gives another reason not to provide access.

Answer 3

If a Cllr, or a member of public via FoI,  wishes to understand the background to a “not minor” incident of gross misconduct leading to dismissal, why would it be appropriate to assume an obstructive stance - which is interpreted as the recommendation in other replies.
The start point should be OPENNESS unless there is a specific reason not to and even then, any redaction should be the absolute minimum to abide by specific exemptions.
It’s not for anyone to try and se Ind guess the reason why it is being requested  that is irrelevant
Default absolutely must be release unless unequivocally prevented, by legislation, from doing so

Answer 4

A member of a town or parish council is responsible its decisions and actions.  He or she therefore should be able to access any of its documents.  Also, the council collectively  is an employer, and is entitled to keep and view personal data about their ex employees. As an public body organisation the council has GDPR responsibilities though,  particularly with respect to personal data breaches.

Comments

How far do we extend this principle? Does every County Councillor have free access to the personnel files of every employee who has ever worked for the Council? How does this affect the individual's right to privacy?

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The difference is that Unitary, County, Borough, Metropolitan & District Councils have a scheme of delegation for decision making unlike a Town or Parish Council. That delegation includes recruitment and employee management to HR departments and service managers.  That said the Principal Authority where I live had a members panel to deal with employee appeals against dismissal.