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You are here: BAILII >> Databases >> Information Commissioner's Office >> ESSA Academy (Decision Notice) [2012] UKICO FS50423298 (06 August 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FS50423298.html
Cite as: [2012] UKICO FS50423298
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ESSA Academy (Decision Notice) [2012] UKICO FS50423298 (06 August 2012)
Summary: The complainant made a request to ESSA Academy for minutes of Child Action Meetings held in 2009, together with certain policies. ESSA Academy failed to respond to her request within the statutory timescale of 20 working days. Several months after the request had been made, ESSA Academy advised that it did not hold some of the requested information and provided a copy of its Code of Conduct policy but provided the information at a meeting, rather than in accordance with FOIA. ESSA Academy therefore failed to recognise the request as being valid for the purposes of the FOIA. The Information Commissioner-™s decision is that, on the balance of probabilities, ESSA Academy does not hold any further information other than what has been provided. In failing to provide a response within twenty working days, ESSA Academy breached section 10(1). It also breached sections 1(1)(a) and (b) of FOIA by failing to confirm that it held any of the requested information and in failing to provide it to the complainant within the statutory timescales. As these breaches do not necessitate remedial action, the Information Commissioner does not require ESSA Academy to take any steps.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld