London council threatens freedom of information site for "leaking" info they say doesn't exist

A reader writes sez, "Can you leak a decision that has not yet been made? The local council at the London Borough of Enfield seem to think so, and sent a takedown notice to British Freedom of Information website WhatDoTheyKnow.com run by the non-profit mySociety."

"The volunteers, staff and trustees who run the site disagreed, so they gave Enfield a week to justify their case, before republishing the request and blogging about it."

The notice before action stated that ‘the public availability of this information is or is likely to be highly damaging to Enfield Council’s ability to properly carry out those projects’. It also referred to ‘confidential and commercially sensitive’ material having been released, but we can find little within the request that is not publicly available elsewhere – for example, on the council’s own website one can find details of the Library Plan Development consultation document, containing very similar information – and nothing that seems obviously sensitive.

The council have recently been reported as saying:

“No decisions have been made yet on the type of library or the location of libraries. The final decision on the library service, location and different types of libraries will be made in February or March next year following the conclusion of this consultation.”

So – if a decision has not yet been made, the number of libraries to be closed cannot be a leak, as the information does not yet exist.

For those reasons, we responded to Enfield Council ask for clarification. We took down the request in question as a precaution, while we awaited this clarification. We gave them slightly longer than 43 minutes in which to do so — in fact, we contacted them on 10 November asking them to reply by 5pm on 14 November with clarification on their position.



Can you leak a decision that has not yet been made?