Information Commissioner's Office

Bolton Council

24 June 2015, Local government (District council)

The complainant has requested information on the costs of the council associated with a court case which he was involved in a number of years ago. Costs were awarded to the council at the end of the case. The complainant requests are for more information about how the council funds litigation, on its costs when in litigation and on any legal obligation which the council has to repay the money it spends. He asked if the money used to fund litigation is drawn from a third party fund. The council clarified that legal services, and litigation are paid for via the normal council budget, and therefore no information is held relating to any third party fund. Information is already published highlighting funds received by the council from normal means (i.e. local taxation and funds paid by central government) via its published accounts. The council therefore applied section 21 to that information. The Commissioner has decided that the council was also correct to apply section 21. The Commissioner’s decision is that the information the council does hold is subject to section 21 of the Act. He has also decided that on a balance of probabilities no further information is held by the council falling within the scope of the complainant's request. The council did however fail to respond to the request within 20 working days and so the Commissioner's decision is that it did not comply with section 10(1) in this respect. The Commissioner does not require the council to take any steps.

FOI 10: Upheld FOI 21: Not upheld