Information Commissioner's Office

Rhondda Cynon Taff County Borough Council

25 January 2016, Local government (Borough council)

The complainant has requested various items of information in respect of each of the options regarding Rhondda Cynon Taff County Borough Council’s (then) current consultation paper on nursery provision. The Council provided some information but following the complainant’s request for an internal review, refused to supply more detailed information by virtue of section 12 of the FOIA on the basis that the costs of compliance would exceed the appropriate limit. However, following the Commissioner’s investigation of the complaint, the Council confirmed that it did not actually hold the more detailed information at the time of the request. The Commissioner’s decision is that Rhondda Cynon Taff County Borough Council did not hold the information at the time of this request, and has therefore complied with its obligations under section 1(1) of the FOIA. However, in failing to provide its substantive response within the required 20 working days, the Council has breached section 10(1) of the FOIA. The Commissioner does not require the public authority to take any steps.  

FOI 1: Not upheld FOI 10: Upheld