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You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Waltham Forest (Local government) [2021] UKICO IC-40671 (15 June 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-40671.html
Cite as: [2021] UKICO IC-40671
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London Borough of Waltham Forest
The complainant submitted a 16 part request to the London Borough of Waltham seeking information about related to Council properties and the “Right to Buy” scheme. The Council provided some of the information requested, refused to comply with one part of the request based on extensive costs it would incur, relying section 12(1) of FOIA, and withheld the remainder of the information citing section 40(2) of FOIA. The Commissioner’s decision is that the Council has incorrectly applied section 12(1) of FOIA in relation to part 6 of the request; breached section 16 of FOIA because it failed to fulfil its duty to provide advice and assistance in relation to part 6 of the request; and was entitled to rely on the exemption at section 40(2) FOIA in relation to parts 8-16 of the request. The Commissioner requires the Council to issue a fresh response to part 6 of the request which does not rely on section 12 of FOIA. 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 12(1): Complaint upheld FOI 16: Complaint upheld FOI 40(2): Complaint not upheld
Decision notice: IC-40671