Summary: The complainant requested information in relation to all freedom of information requests and responses dealt with by Magherafelt District Council (the Council) during 2009. The Council confirmed it held the required information and issued the complainant with a fees notice under section 9 of the Act. During the course of the investigation the Council subsequently advised the Commissioner that it considered some of the information exempt under section 40(2). The Commissioner-™s decision in this case is that the Council breached section 17(1) of the Act in that it failed to issue a refusal notice in relation to the information it considered exempt under section 40(2). The Commissioner finds that the fee charged under section 9(1) for communicating the information was reasonable, but the Council failed to offer appropriate advice and assistance to the complainant, breaching section 16 of the Act.
Section of Act/EIR & Finding: FOI 9 - Complaint Not upheld, FOI 16 - Complaint Upheld, FOI 17 - Complaint Upheld