Summary: The complainant requested information relating to statements of SEN at a particular school. Wigan Metropolitan Borough Council (-the council-) refused to provide the information on the basis of costs under section 12(1) of the Freedom of Information Act 2000 (-the FOIA-) however it subsequently withdrew its reliance on this exclusion following the Commissioner-s investigation. The Commissioner-s decision is that the council breached section 1(1) and section 10(1) of the FOIA because it failed to respond to the request within 20 working days and when it did respond, it relied incorrectly on section 12(1). The Commissioner requires the public authority to disclose the requested information to the complainant.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 12 - Complaint Upheld