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You are here: BAILII >> Databases >> Information Commissioner's Office >> North East Lincolnshire Council (Decision Notice) [2012] UKICO FS50367860 (10 January 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FS50367860.html
Cite as: [2012] UKICO FS50367860
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North East Lincolnshire Council (Decision Notice) [2012] UKICO FS50367860 (10 January 2012)
Summary: The complainant has requested information about internal investigations conducted by, or on behalf of, North East Lincolnshire Council. The request was refused on the grounds of the costs for compliance, under section 12(1) of FOIA. During the Commissioner-™s investigation, North East Lincolnshire Council indicated that, in the alternative, it also intended to refuse the request under the provisions of section 14(1) of FOIA, on the grounds that the request was vexatious. The Commissioner-™s decision is that North East Lincolnshire Council has not shown that the request was vexatious, and cannot rely on the provisions of section 14(1) of FOIA, but that council-™s estimate, that the cost for compliance with the request exceeds the statutory limit, was reasonable and the request was correctly refused on the grounds of section 12(1) of FOIA. However the Commissioner has also decided that the council failed to provide advice and assistance to the complainant in order for him to be able to submit a refined or revised request and therefore breached section 16(1). The Commissioner requires the public authority to take the following steps: provide the complainant with advice and assistance in accordance with the section 45 Code of Practice to enable the complainant to refine this request to bring it within the cost limit.
Section of Act/EIR & Finding: FOI 12 - Complaint Not upheld, FOI 14 - Complaint Upheld, FOI 16 - Complaint Upheld