5 January 2015, Local government (County council)
The complainant has requested records held by the council about his father whilst in care in a private nursing home and any details it holds about him. The council applied section 14(1) and 14(2) (vexatious and repeated requests). It said that the complainant had made a number of similar requests and complaints to the council, and a number of complaints about the council’s actions to other authorities previously on a matter that had been fully investigated and closed. The Commissioner’s decision is that the council has applied section 14(1) of the FOIA correctly. He has not therefore considered the application of 14(2) by the council further, He has decided however that the council breached section 10(1) in that it did not respond to the requests within 20 working days. The Commissioner does not require the public authority to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 10: Upheld FOI 14: Not upheld