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Lewisham Homes (Other) [2019] UKICO fs50796092 (21 June 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50796092.html
Cite as:
[2019] UKICO fs50796092
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Lewisham Homes
The complainant has requested information relating to scaffolding complaints to Lewisham Homes since its formation 11 years ago. Lewisham Homes responded to say that the cost of compliance exceeds the appropriate limit and therefore cited section 12 of the FOIA. The Commissioner’s decision is that Lewisham Homes is entitled to rely on section 12 to refuse this request. However, it failed to respond within 20 working days and to provide adequate advice and assistance to help the complainant refine his request and thus breached section 16 for the lack of assistance provided and section 10 of the FOIA in respect of the late response. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Provide adequate advice and assistance to help the complainant refine his request within the cost limit. 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 17:
Complaint upheld
FOI 16:
Complaint upheld
FOI 12:
Complaint not upheld
Decision notice:
fs50796092