Information Commissioner's Office

Wirral Metropolitan Borough Council

29 July 2015, Local government (Borough council)

In a 26 part request, the complainant requested information from Wirral Metropolitan Borough Council (‘the Council’) about minutes of various committees. The complainant is satisfied with the Council’s response to 16 parts of this request and the Commissioner’s investigation focussed on its response to the 10 remaining parts. Following its response to the request in November, and during the Commissioner’s investigation, the Council revised its position with regard to different parts of the request on more than one occasion. It finally relied on section 14(1) because it considered some parts of the request with which the complainant remains dissatisfied are vexatious. The Council says it does not hold information in relation to three parts and did not provide a response to one further part. The Commissioner’s decision is that the Council: Does not hold information related to parts 4 and 11 of the request and has met its obligations under section 1 of the FOIA. Does not hold information related to part 21 of the request and has met its obligations under regulation 5(1) of the EIR. Breached section 10 of the FOIA with regard to parts 5 and 10 of the request because it did not disclose information or provide a response in relation to these parts within 20 working days. Incorrectly applied section 14(1) to parts 15, 18, 19 and 26 of the request, because these elements of the request are not vexatious. Correctly applied section 14(1) to part 8 of the request because it is vexatious. The Commissioner requires the public authority to disclose the information withheld at parts 15, 18, 19 and 26 or issue a fresh refusal notice in compliance with section 17 of FOIA but without relying on section 12 or section 14. It should clearly identify any information it intends to exempt under its stated exemptions. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 1: Not upheld FOI 10: Upheld FOI 14: Partly upheld EIR 5(1): Not upheld