Information Commissioner's Office

Commission for Local Administration in England

25 March 2008, Central government

On 11 September 2007 the complainant requested from The Commission for Local Administration in England (“CLAE”) copies of legal guidance provided to it by the Department for Communities and Local Government (the “DCLG”), the CLAE’s external auditors and/or the Information Commissioner (the “Commissioner”) relating to its handling of requests under the Freedom of Information Act 2000 (the “Act”), the Environmental Information Regulations 2004 (the “EIR”) and the Data Protection Act 1998 (the “DPA”). He also asked “what special research have these three bodies conducted in relation to the three information laws specifically for the Commission for Local Administration?”. The CLAE refused the request on 13 September 2007, upholding its decision on internal review on 31 October 2007, stating that it had neither received any information of the type requested, nor had any special research of the type stated been conducted. The CLAE acknowledged that it did hold copies of some of the guidance published by the Commissioner, but applied the exemption in section 21 to this information since it was publicly accessible on the Commissioner’s website. The complainant asked the Commissioner to investigate the handling of his request by CLAE, and in particular its application of the exemption in section 21 of the Act. The Commissioner has investigated the complaint and agrees that, in its handling of this information request, the CLAE has complied with the requirements of the Act in all respects. He agrees that section 21 was applied correctly and therefore does not order any steps to be taken by CLAE. Information Tribunal appeal number EA/2008/0039 has been dismissed.

FOI 21: Not upheld