Information Commissioner's Office

Westminster City Council

3 October 2016, Local government (City council)

The complainant has requested information concerning the closure of day services offered at a particular address by Westminster City Council (the “Council”). The Council addressed each of the questions. However with respect to one question which asked if the service specification for each of the services is a public document, the Council simply answered it is not a public document. The complainant has argued that the Council should have either provided this document or applied an exemption to the request. He has argued the Council failed to act in a helpful and open manner. The Commissioner’s decision is that the Council has acted in accordance with its obligations under section 1 of the FOIA. She considers the Council’s interpretation of the request was reasonable and does not consider that the Council was trying to be difficult. Its response to the other questions was helpful and satisfactory. However the Commissioner considers that in accordance with the section 45 of the code of practice, the Council should have informed the complainant that he could submit a request for this document if he required a copy. As the complainant did submit a further request for the document and now has a copy, the Commissioner considers there are no further steps to be taken.

FOI 1: Not upheld