13 March 2017, Local government (City council)
The complainant requested details relating to a ‘liability order’ associated with non-payment of council tax. Preston City Council (the ‘Council’) provided the information it held relevant to the request. The complainant disputed that he had been given all the information requested. For part 1 of the request, the Commissioner is satisfied that the requested information does not exist because the complainant is mistaken as to the legislation which governs council tax proceedings. In respect of the remainder of the request, the Commissioner has decided that the Council should have instead relied on the ‘neither confirm nor deny’ provision in section 40(5)(a) of FOIA and it was not obliged to confirm whether or not it held the requested information. The Commissioner requires no steps to be taken as a result of this decision.
FOI 1: Not upheld FOI 40: Partly upheld