Information Commissioner's Office

North Lincolnshire Council

8 September 2015, Local government (Unitary council)

The complainant has requested a copy of a lease made between North Lincolnshire Council and Sir Reginald Sheffield. The Council has withheld the lease in reliance on Section 21 of the FOIA on the grounds that it can be obtained from the Land Registry. The Commissioner has decided that the Council is entitled to rely on Section 21. The Commissioner has also decided that the Council has breached section 10 of the FOIA by failing to respond to the complainant’s request within the twenty working day compliance period. He also finds that the Council breached section 16 by failing to offer the complainant appropriate advice and assistance in respect of a Schedule of Condition which the Council holds, and which is relevant to the requested lease. The Commissioner requires North Lincolnshire Council to offer the complainant appropriate advice and assistance in respect of the Schedule of Condition it holds, which is dated 22 December 1965. 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 10: Upheld FOI 16: Upheld FOI 21: Not upheld