Key Points
- ICO Decision Notice: The Information Commissioner issued a decision notice on 20 May 2026 (reference IC-415528-V6Y5) ordering Bristol City Council to release an internal audit report into the Stepping Up Community Interest Company.
- Timeline of Requests: A Freedom of Information request was originally submitted in June 2025 seeking the full internal audit report, which was originally dated 26 April 2023.
- Procurement Scrutiny: The Stepping Up programme previously attracted external scrutiny and media attention regarding council procurement rules surrounding contracts valued at £600,000.
- Exemption Claim Rejected: Bristol City Council relied on section 36(2)(b) of the Freedom of Information Act, arguing that disclosure would inhibit free and frank discussions.
- Qualified Person Opinion: Tim O’Gara, the council’s Director of Legal and Democratic Services and qualified person, opined in June 2025 that transparency would compromise internal investigations.
- Generic Reasoning Dismissed: The Commissioner ruled that the qualified person’s opinion was too generic, noting it lacked context-specific evidence and failed to account for key findings already being in the public domain.
- Compliance Deadline: The council has been given 30 calendar days to communicate the unredacted portions of the audit report while withholding personal data under section 40(2).
Bristol (Bristol Express News) August 11, 2026 –Bristol City Council has been directed by the Information Commissioner to disclose an internal audit report concerning the Stepping Up Community Interest Company after determining that the local authority improperly withheld the documentation under the Freedom of Information Act. The compliance window requires the council to release the document within 30 calendar days while redacting specific personal data, including names and job titles of key witnesses.
The information request originated in June 2025 when a member of the public sought a complete copy of the audit document produced by the council’s internal audit team.
The document itself dates back to April 26, 2023, and relates to governance questions and procurement processes tied to the Stepping Up programme, which commanded approximately £600,000 in public funds.
Previous media reports and external reviews had already brought elements of the arrangement into public view, noting that the initiative involved a business part-owned by a former councillor, though independent auditors found no evidence of criminal wrongdoing by former deputy mayor Asher Craig.
How Did Bristol City Council Justify Withholding the Document?
To prevent disclosure, Bristol City Council invoked section 36(2)(b) of the Freedom of Information Act. This statutory provision applies when a qualified person forms the reasonable opinion that releasing information would, or would be likely to, inhibit the free and frank provision of advice or the exchange of views during internal deliberations.
Tim O’Gara, holding the position of Director of Legal and Democratic Services and acting as the council’s designated qualified person, submitted his formal opinion in June 2025.
He argued that internal audit procedures rely extensively on transparent communication and the unfettered ability of staff and participants to express sensitive opinions.
O’Gara asserted that publishing the report would compromise ongoing investigative frameworks and internal advisory candour.
Subsequent submissions from the local authority also highlighted potential “chilling effects” on voluntary participants and interviewees who assisted with the audit under expectations of confidentiality.
What Flaws Did the Information Commissioner Find in the Council’s Reasoning?
The Information Commissioner concluded that the council’s reliance on section 36 was legally flawed because the qualified person’s opinion was overly broad and lacked specific evidence. The Commissioner stated that the opinion addressed internal audits generally rather than engaging with the precise contents and context of the specific report requested.
Furthermore, the decision noted that a reasonable opinion issued in 2025 must account for the passage of time—over two years since the report was finalised—and evaluate what actual additional harm could occur given that major findings were already public knowledge.
The Commissioner emphasised that local authorities cannot rely on generic assumptions of confidentiality, nor can they cure a flawed original opinion by introducing supplementary arguments at a later stage of the tribunal or complaints process.
Without a demonstrated, context-specific causal link between public disclosure and real, substantial prejudice, the exemption could not be sustained.
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Background of the Particular Development
The controversy surrounding the Stepping Up diversity and leadership programme stems from long-running local scrutiny regarding how Bristol City Council managed public procurement contracts worth £600,000. Questions were raised by local journalists and auditors regarding adherence to internal procurement guidelines, connections to former local politicians, and transparency in public spending.
Although initial investigative summaries and key findings were published following the conclusion of the internal audit in April 2023, the council repeatedly resisted releasing the full, unedited internal audit report.
This resistance culminated in the June 2025 Freedom of Information request, which triggered the formal Information Commissioner’s Office review and the subsequent May 2026 ruling demanding institutional transparency.
Prediction on How This Development Can Affect the Particular Audience
For local government bodies, public watchdogs, and Bristol residents, this ruling serves as a vital precedent regarding the limits of confidentiality claims under freedom of information laws.
Bristol City Council and other public authorities will likely face heightened pressure to disclose internal review documents rather than relying on blanket or generic “chilling effect” arguments.
For taxpayers and local communities, the release of the complete audit report will provide clearer accountability on municipal spending and public procurement practices.
However, it may also lead to greater caution among internal audit participants who fear public attribution, potentially altering how local authorities conduct internal fact-finding and administrative investigations moving forward.
