Rob Shorrock

The Information Commissioner will soon publish a decision-notice that upholds the right of local authorities to make secret payments to senior staff if all parties agree to confidentiality when they enter into discussions. This follows a Freedom of Information complaint I made to the Commissioner about South Kesteven District Council following the termination of the former Chief Executives contract. I had requested information, among other things, about how much had been spent on paying him off. SKDC refused both my request and an appeal, arguing this was personal and confidential information. And to cut a long story short, the Information Commissioner has agreed with them

It appears from this decision that senior officers and elected officials are able to discuss and make decisions, using tax payers money under the cloak of confidentiality, and pay sums of money to senior officers of the council, and no public scrutiny is permissible of these decisions or clear publication necessary of the sums of money spent - just in case this breaches the confidentiality agreement and the right to privacy of the senior officer.

A bizarre and perverse set of affairs

Not only do these current arrangements lack fidelity and efficacy but place public authorities at risk of improper and possibly unlawful decision-making. Where is the accountability mechanism, when local councillors involved in remuneration panels are essentially threatened that any breach of the confidential nature of the agreement could leave the council at risk?

I have passed this onto John Healey at the DCLG. He made some interesting comments about this issue in June this year and launched a consultation to amend the local government finance regulations. Hopefully, he will take note of this.