Information Commissioner's Office

Summary: The complainant requested information relating to SEN statements for post-16 education. The council refused to supply the information on the basis that the exclusion under section 12 relating to the £450 cost limit applied. The Commissioner-�s decision is that Derbyshire County Council (-�the council-�) correctly applied section 12 however it did not provide reasonable advice and assistance in accordance with its duty under section 16. The Commissioner also found that the council breached its duty under section 10(1) to respond within 20 working days to requests for information and state, in accordance with section 1(1)(a), whether the requested information is held. The Commissioner requires the public authority to provide reasonable advice and assistance to the requester in line with the obligation under section 16 and guidance provided by the Code of Practice under section 45.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 12 - Complaint Not upheld, FOI 16 - Complaint Upheld