Information Commissioner's Office

Wolverhampton City Council

25 August 2016, Local government (City council)

The complainant has requested information relating to cremations held at the Bushbury Crematorium.Wolverhampton City Council (the Council) refused to comply with the request under section 12 of the Freedom of Information Act 2000 (FOIA) as it said it would exceed the cost limit to do so.The Commissioner’s decision is that the Council was correct to apply section 12 FOIA in his case. However it breached its obligations under section 16 FOIA in relation to the way in which it dealt with this request.The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation:Provide the complainant with advice and assistance in accordance with the Council’s obligations under section 16 FOIA. 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 12: Not upheld FOI 16: Upheld