Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Irby upon Humber Parish Council (Local government) [2022] UKICO ic-59171 (17 January 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-59171.html
Cite as: [2022] UKICO ic-59171

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Irby upon Humber Parish Council

The complainant requested information which he considered should have been included within the council’s disclosure required in a step ordered in Decision Notice IC-48031-M7Y5. The council had initially responded saying that it did not hold any further pertinent information. During the course of the Commissioner's investigation, the council accepted that it does hold some further information. It argued that the complainant had already obtained a copy of specific council minutes via the ICO. This, however, was not a correct assumption. The Commissioner’s decision is that the council was not correct to withhold the draft minutes of the meeting of 23 September 2019. In doing so, it failed to comply with the requirements of sections 1(1)(a) and (b) of FOIA. She has also decided that, whilst she is unable to say that the council does hold further information falling within the scope of the request, the council has not provided sufficient evidence to support a conclusion that, on a balance of probabilities, it does not hold further information falling within the scope of the request. The Commissioner therefore requires the council to take the following steps to ensure compliance with the legislation. To disclose to the complainant a copy of the draft minutes of 23 September 2019. To carry out further, sufficiently detailed searches for the requested information, and following this, to make a fresh response to the complainant’s FOI request as required by section 1(1) of FOIA, without relying upon section 14 of the Act.

FOI 1: Complaint upheld

Decision notice: ic-59171