27 July 2017, Local government (City council)
The complainant has requested information with regards to purchases made by Liverpool City Council (the council). The council refused the request relying on section 12 of the FOIA as it considered that to provide the information would exceed the appropriate limit. The Commissioner’s decision is that section 12 of the FOIA is not engaged in this case. She also found that the council has breached section 16 of the FOIA as it provided no advice and assistance. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Clarify with the complainant what time frame was meant for ‘past few years’. Issue a fresh response to the complainant in accordance with section 1 of the FOIA without relying on section 12 of the 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: Upheld FOI 16: Upheld