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City of York Council (Local government) [2020] UKICO fs50893369 (2 September 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50893369.html
Cite as:
[2020] UKICO fs50893369
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City of York Council
The complainant has requested information on the council’s process for reporting decisions of the ICO, planning committee and the Local Government and Social Care Ombudsman (the LGSCO) to its councillors and committees. The council said that there was no set process that could be disclosed but provided a number of links to the websites of the ICO and the LGSCO where relevant information could be accessed. It applied section 21 on the basis that the information was already available to the complainant via these means. On review it provided a link to the records of its planning committee meetings and to its Audit and Governance committee. The Commissioner’s decision is that the council was correct to apply section 21 to refuse the request for information included within the links which were already available to the complainant. She has however decided that the council was not correct to rely on section 21 regarding information falling within the scope of the request about its Scrutiny and Executive Committee. She has also decided that the council did not comply with the requirements of section 10(1) in that it did not provide access links to all of the information requested within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To issue a fresh response, specifically regarding information falling within the scope of the request which has been reported to the Scrutiny and Executive Committee. The council should not seek to rely upon section 21 again to refuse this part of the request in its new response.
FOI 21:
Complaint partly upheld
FOI 10:
Complaint upheld
Decision notice:
fs50893369