London borough to appeal Tribunal judgment requiring disclosure of redacted report prepared as part of peer review
Havering Council is to appeal an order by the First-tier Tribunal (General Regulatory Chamber) requiring it to publish a historic self-assessment peer review submitted as part of the Local Government Association’s Race Equality, Accessibility, Diversity, and Inclusion (READI) review.
The local authority said that, in 2020, it had asked for the personal experiences of staff on a strictly confidential basis to help identify the equality, diversity, and inclusion challenges that needed to be addressed on the journey to becoming an anti-discrimination organisation and improving the council for everyone.
“The shared understanding was that the self-assessment and the views contained within it were for the review team at the LGA only. The LGA asked for it, and the council provided it to them,” Havering said.
Following a freedom of information request, the council refused to disclose the 400-page document, citing section 36 of the Freedom of Information Act (prejudice to the effective conduct of public affairs).
Its stance was supported by the Information Commissioner, who concluded that the exemption should be maintained because “for the self-assessment and LGA peer review process to be effective and achieve positive outcomes, it is important that a ‘safe space’ is provided to allow a local council to openly and honestly set out, analyse and reflect upon, its approach to matters relating to the relevant issues, so it can effectively identify where it is both doing well, and where improvements could be made.”
After the requester appealed, the FTT ordered disclosure of parts of the document, although it acknowledged that this might affect the LGA peer review process.
The Tribunal concluded that the requested material, redacted to remove personal data, should be disclosed under FOIA because even although the exemption was engaged the public interest in maintaining the exemption in relation to that material did not outweigh the public interest in disclosure.
Havering said it believed that the FTT's decision did not fully consider the implications of publishing the report.
The grounds of the appeal include:
- The failure of the Tribunal to adequately take into account the Information Commissioner’s views on the reduced public interest in disclosing the withheld information which in the council’s view, was more significant.
- The Tribunal's decision failed to recognise that making such reports public could discourage open and honest participation in similar voluntary processes in the future. “This could ultimately hinder the effectiveness of these reviews and the improvements they aim to achieve.”
Havering insisted that it remains committed to transparency and accountability.
However, it said it believed that the publication of the self-assessment peer review in this instance was not in the best interest of council staff, the public or the authority’s ongoing efforts to improve race equality, accessibility, diversity, and inclusion within the organisation and across the wider borough.
Andrew Blake-Herbert, Havering Council Chief Executive, said: "This report is now historic and holds no relevance or resemblance to the diverse and cohesive organisation the Council is today.
“Since the review, we have implemented mandatory EDI training, and our work with managers, trade unions, and active and supported staff forums is helping us build a modern, inclusive workforce in an anti-discrimination organisation.”
He added: “We must balance disclosure with protecting our staff and sticking to the principle that publishing a historic document, which holds no bearing to the Council or borough today, risks undermining staff trust in future peer review exercises – not just in Havering but across the country.
"It also risks fracturing community cohesion in the borough at a time when the national temperature is heightened."
