Information Commissioner's Office

Rainworth Parish Council

18 June 2014, Local government (Parish council)

The complainant has requested the council to disclose a copy of the tape recording that was made by the council of the parish council meeting that took place on 9 January 2014. The complainant specifically stated that he required the council to provide a copy of the tape in his original request. The council responded. It confirmed that it was willing to disclose all the requested information and would make the tape recording available to the complainant for him to listen to and make notes. With regards to the complainant’s preference for a copy of the actual tape, the council refused to provide this. The Commissioner has considered this matter and the council’s obligations under section 11(1) of the FOIA. It is the Commissioner’s decision in this case that it would have been reasonably practical for the council to have complied with the complainant’s preference of communication and should therefore have provided a copy of the tape in response to this request. As it failed to do so, the Commissioner considers the council breached section 11(1) of the FOIA in this case. However, it is noted that the information requested has since been destroyed. The Commissioner cannot therefore order any steps compelling the council to comply with section 11(1) of the FOIA in this case. As a result he requires no further action to be taken in respect of this request.

FOI 11: Upheld