Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Birmingham City Council (Local government) [2022] UKICO 100855 (28 July 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/100855.html
Cite as: [2022] UKICO 100855

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Birmingham City Council

In a three part request, the complainant asked for information about charges for repairing damage to council property. Initially, Birmingham City Council (‘the Council’) refused the first part of the request, citing section 43 (Commercial interests) of FOIA. It answered the second part and failed to deal with the third part. The Commissioner found that the Council had misinterpreted the first and third parts of the request. The Commissioner clarified those parts of the request with the Council and it acknowledged that it held recorded information from which they could be responded to. However, it failed to respond to those parts of the request, or to cite exemptions under FOIA which would permit the information to be withheld. The Commissioner’s decision is that the Council breached section 1 (General right of access) and section 10 (Time for compliance) of FOIA by failing to disclose information falling within scope of the first and third parts of the request, which it has not argued is exempt from disclosure. The Commissioner requires the Council to issue a fresh response to part (A) of the request with a ‘yes or no’ response, according to the recorded information held on that point. It must also disclose the information the Council has identified as falling within scope of part (C) of the request, taking care to exclude from scope information created after the request was received. To the extent that the withheld information contains the personal data of individuals, in accordance with section 40(2) (Personal information) of FOIA, that information is to be redacted.

FOI 10: Complaint upheld FOI 1: Complaint upheld

Decision notice: 100855