Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Housing, Communities and Local Government (Central government) [2018] UKICO fs50714373 (23 August 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50714373.html
Cite as: [2018] UKICO fs50714373

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Ministry of Housing, Communities and Local Government

The complainant has requested from the Ministry of Housing, Communities and Local Government (MHCLG) 1 a copy of the index of the retained casework for land and properties belonging to a number of public authorities. The Commissioner’s view is that the complainant’s request was not sufficiently clear, therefore MHCLG was under an obligation under regulation 9 of the EIR to contact the complainant and seek clarification of the request. In failing to do so, MHCLG breached regulation 9 of the EIR. It is now required to remedy this breach by contacting the complainant and seeking clarification about his request. The Commissioner requires MHCLG to take the following steps to ensure compliance with the legislation. Write to the complainant seeking clarification of his request for “a copy of just the index of the retained casework”. MHCLG 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 FOIA and may be dealt with as a contempt of court. 1 At the time of the request, Department for Communities and Local Government. For the purpose of this Decision Notice, the Commissioner will use the acronym MHCLG, except when quoting parts of the original correspondence.

EIR 9(1): Complaint upheld

Decision notice: fs50714373