The way Sheffield City Council records and labels information is ‘inappropriate’, an investigation into how the council handles freedom of information (FOI) requests has found.

A member of the public complained after information about the council’s street tree management programme was marked ‘Not subject to FOI’ and withheld.

The council subsequently commissioned the law firm Bevan Brittan to conduct an independent evaluation into whether the FOI was handled correctly.

After reviewing the information available and interviewing council officers, the report concluded that investigators ‘have not seen evidence that information was deliberately withheld to avoid publication’.

‘We have seen evidence that the intended purpose of the labelling process was to flag information, which is sensitive, for the Information Management Team to then review carefully before making decisions on disclosure under FOIA, and not to intentionally withhold information which should otherwise be disclosable,’ said the report.

However, the report did find that the practice used to flag emails containing advice subject to legal professional privilege (LPP), which is exempt from being disclosed under the Freedom of Information Act (FOIA) 2000 and the Environmental Information Regulations 2004, should not have been used.

Sheffield City Council accepts these findings and has ceased to use this method of labelling.

Leader of the council Terry Fox said: ‘We commissioned Bevan Brittan to write this report as we take our statutory duties seriously and wanted to ensure that any areas where we fall short could be identified and acted on.

‘Although the report makes for uncomfortable reading in parts and does not reflect what we want to be as an organisation, we welcome the recommendations and are committed to implementing the necessary changes to improve how we handle requests for information.

‘Maintaining our commitment to openness and transparency in relation to the management of street trees remains a priority and now that we have had time to digest its findings, we will make the report public, as we have done today, and share with the Information Commissioner’s Office and the Independent Inquiry into the Street Trees Dispute.

‘We have come a long way in our approach to street trees, thanks to the new Street Tree Strategy, and the work of the partnership, but will continue to welcome these opportunities for further learning and reflection.’