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Knowsley Council (Local government) [2021] UKICO IC-49659 (19 April 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-49659.html
Cite as:
[2021] UKICO IC-49659
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Knowsley Council
The complainant requested information from Knowsley Council (“the Council”) relating to Non-Domestic Rates Liability Orders. The Council stated that any such disclosure regarding the Liability Orders granted by the Court is a matter for Merseyside Magistrates’ Courts, it considered the request to be exempt information and cited section 21 (information reasonably accessible by other means) of the FOIA. The Council subsequently provided the complainant with some information relating to the request but withheld the names of the ratepayers (part 1 of the request) and also applied sections 41 (information provided in confidence) and 40(2) (personal data) to this information. The Commissioner’s decision is that the Council was not entitled to rely on sections 21 and 41 of the FOIA to refuse the request. However, the Commissioner considered that part 1 of the request (ratepayer name where it constitutes a personal name) was correctly withheld under section 40(2) of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose the information which does not attract section 40(2) of the FOIA. The Council 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.
FOI 21:
Complaint upheld
FOI 41:
Complaint upheld
FOI 40(2):
Complaint not upheld
Decision notice:
IC-49659