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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Copeland Borough Council (Local government) [2018] UKICO fs50713792 (27 June 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50713792.html
Cite as: [2018] UKICO fs50713792
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Copeland Borough Council
The complainant submitted a request to Copeland Borough Council (the Council) for a copy of an agreement between the Mayor and the leader of the Labour group of councillors. The Council responded and explained that it did not hold a copy of the agreement. The complainant disputed this response on two grounds. Firstly, she argued that in her view it was likely that the Council did physically held a copy of the agreement. Secondly, she argued that even if this was not the case, then the Mayor held this agreement on behalf of the Council and therefore the Council can be said to hold it for the purposes of FOIA by virtue of section 3(2)(b) of the legislation. With regard to the first ground of complaint the Commissioner is satisfied that on the balance of probabilities the Council did not physically hold a copy of the agreement at the time of the request. With regard to the second ground of complaint, the Commissioner has concluded that the copy of the agreement held by the Mayor is not by held on behalf of the Council. The Commissioner is therefore satisfied that the Council does not hold a copy of the agreement by virtue of section 3(2)(b) of FOIA.FOI 3: Complaint not upheld FOI 1: Complaint not upheld
Decision notice: fs50713792