26 July 2017, Police and criminal justice
The complainant requested information from the Judicial Appointments and Conduct Ombudsman about instances where a complainant had not received correspondence from an Advisory Committee. The Judicial Appointments and Conduct Ombudsman refused the request relying on the section 14(1) FOIA (Vexatious requests) exemption. The Commissioner decided that the request was vexatious and that the Judicial Appointments and Conduct Ombudsman was entitled to rely on section 14(1) FOIA to refuse it. She further decided that, in delaying the issue of a refusal notice beyond the 20 working days statutory maximum time allowed, the Judicial Appointments and Conduct Ombudsman had breached section 10(1) FOIA (Time for compliance with request). The Commissioner does not require the Judicial Appointments and Conduct Ombudsman to take any steps to ensure compliance with the legislation. This decision notice is currently under appeal to the Tribunal.
FOI 10: Upheld FOI 14: Not upheld