Information Commissioner's Office

Dudley Metropolitan Borough Council

23 June 2016, Local government (Borough council)

The complainant has made four separate requests to Dudley Metropolitan Council (the council) for information in relation to employment tribunal claims. The council provided some information but refused the remaining relying on section 12 of the FOIA as it considered providing any further information would exceed the appropriate cost limit. It also refused some information under section 40(1) of the FOIA as it was the complainant’s own personal data. The Commissioner’s decision is that the council is able to rely on section 12 of the FOIA to refuse these requests. As section 12 has been found to be engaged, the Commissioner has not gone on to assess the application of section 40(1) of the FOIA. The Commissioner has also found that the council breached section 10(1) of the FOIA to the first request, as its response was provided outside the required 20 working days response time following the request being made. As the council has since provided its response, he does not require it to take any steps.

FOI 10: Upheld FOI 12: Not upheld