Bedford Borough Council has been ordered by the Information Commissioner’s Office (ICO) to release information about the closure of its contract with leisure operator Fusion Lifestyle, after the authority failed to justify keeping the details secret.
The decision, issued this week (16 July), follows a complaint from the Local Democracy Reporting Service (LDRS) after the council refused to disclose the requested information under the Freedom of Information Act (FOIA).
The council had claimed exemptions under Section 41 (information provided in confidence) and Section 43(2) (commercial interests), but the ICO found the council “failed to demonstrate” that either exemption applied.
In its ruling, the ICO stated that the council had not demonstrated how disclosure would genuinely prejudice Fusion’s commercial interests, nor provided sufficient evidence regarding reputational risk.
The council has been given 30 days to disclose the information or risk further action from the ICO, including potential referral to the High Court.
This ruling underscores the importance of transparency in public bodies and their obligation to release information unless a valid and demonstrable exemption under the FOIA can be proven.
The council has not yet responded to requests for comment.
Transparency questioned
The ruling comes amid mounting scrutiny over transparency at Bedford Borough Council.
Earlier this month, questions were raised at an Executive meeting about the delayed publication of a report by financial experts CIPFA into the council’s operations.
Conservative Mayor Tom Wootton told councillors that he supported publishing the report as soon as possible, following concerns raised by Cllr Marc Frost (Conservative, Wixams & Wilstead) about some councillors being given access to a draft while others had not.
Read: Transparency at Borough Hall called into question again as finance report still not shared
The chief executive, Laura Church, advised that the report was due to be formally considered by the Executive before being made public, in line with the council’s forward plan.
The council has since confirmed that the conclusions and recommendations in the CIPFA report are solely those of CIPFA, although factual input was provided by the council when requested.
While the council has stated that only the final version of the report will be published, the Bedford Independent exclusively revealed the contents of the draft report, which highlights concerns about the council’s financial situation.
Read: Bedford Borough Council told to tighten spending and boost income to avoid Section 114 notice
“Secret list” of land
Transparency concerns were also raised last month when the Liberal Democrat opposition accused the Mayor of withholding a “secret list” of council-owned land earmarked for potential development.
The claims followed the council’s announcement that it was pausing the Local Plan 2040 to consider drafting a new strategy in light of the Universal Studios theme park proposal.
Read: Lib Dems accuse mayor of keeping ‘secret list’ of land for development under new Local Plan
Cllr Henry Vann, leader of the Liberal Democrats and their 2026 mayoral candidate, called on the Mayor to publish the list and guarantee that green spaces and parks would be protected in any new Local Plan.
“For months we have been calling for him to release the secret list. But residents have been kept in the dark. This is not the openness and transparency that is needed for such controversial decisions,” said Cllr Vann.
A council spokesperson insisted that no further work on the Local Plan 2040 was being undertaken ahead of a decision by the Executive and Full Council this month.
They added that any future plan would involve “extensive engagement with elected councillors, residents, business and partners”.
By John Guinn, Local Democracy Reporter
Additional reporting by Paul Hutchinson, Bedford Independent
