Information Commissioner's Office

Staffordshire County Council

28 June 2017, Local government (County council)

The complainant has requested information regarding claims made to Staffordshire County Council (the Council) for incidents involving potholes. The Commissioner’s decision is that the Council is entitled to rely on section 12(1) of the FOIA but has breached section 16 of the FOIA. The Commissioner requires the Council to provide appropriate advice and assistance to the complainant pursuant to the duty provided at section 16 of the FOIA. The advice and assistance should be given with the view to determining what, if any, information relevant to the request can be provided within the appropriate costs limit and allow the complainant to make a new request should this be possible. 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