Summary: The complainant requested the name of a person who ordered a council officer not to speak to him. The council initially applied section 14 to the request as it stated that the request was vexatious. It says it did this based on the view that the complainant already knew that no information was held which could answer his request. However the Commissioner considered the correspondence provided to him and told the council that he did not consider that the council had clearly stated to the complainant that no information was held. The council then withdrew its reliance on section 14 and issued a new notice, clarifying that no information was held. The Commissioner-™s decision is that Sunderland Council breached the section 10(1) of the Act in that it did not respond within 20 working days of the receipt of the complainant's request. He also finds that on a balance of probabilities no information is held by the council which could respond to the complainant's request.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld