British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Tibberton Parish Council (Local government) [2022] UKICO 126046 (25 October 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/126046.html
Cite as: [2022] UKICO 126046
[New search] [Printable PDF version] [Help]
Tibberton Parish Council
The complainant made a three-part request to Tibberton Parish Council (the ‘Parish Council’) for financial information and specified terms and conditions. For part 1, the Parish Council invited the complainant to inspect five lever arch files (which he has not done) and later provided some hard copy information. Ultimately, for part 2 it maintained that the requested information was available on its website and formally cited section 21 of FOIA (information accessible to the applicant by other means) during the Commissioner’s investigation. The complainant maintains that the requested information was not available on the Parish Council’s website at the time of the request and, thereby, was not “reasonably accessible” to him. Although section 21 of FOIA was originally cited for part 3 of the request, the Parish Council appears to have revised its position and has provided the complainant with a hard copy of the requested terms and conditions. The complainant accepts that he has received this information but has complained that there was a delay. The Commissioner’s decision is that the Parish Council has not demonstrated that it has provided all the information held in relation to part 1 of the request and he has ordered a step at paragraph 3 of this notice. For part 2, the Commissioner finds that the requested financial regulations were not available on the Parish Council’s website at the time of the request for the reasons set out in this notice. However, given that the complainant can now access this information online, the Commissioner has not included a step in this notice. For part 3, the Parish Council did not provide the requested terms and conditions until 21 working days after receipt of the request, thereby breaching sections 1 and 10 of FOIA. As this information has been provided, the Commissioner does not need to issue any step for this part of the request. For part 1 of the request, the Commissioner requires the Parish Council to disclose any information from the five lever arch files which relates to the scope of part 1 of the request, redacting any personal information in line with section 40 FOIA within 35 calendar days of the date of this decision notice.FOI 10: Complaint partly upheld FOI 21: Complaint upheld FOI 1: Complaint upheld
Decision notice: 126046