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London Borough of Enfield (Local government) [2023] UKICO 166311 (24 February 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/166311.html
Cite as:
[2023] UKICO 166311
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London Borough of Enfield
The complainant has requested information regarding the number of Member Enquiries (MEQ) submitted per Elected member. The Commissioner’s decision is that the London Borough of Enfield (the Council) has failed to demonstrate that the exemption at section 40(2) is engaged with regard to the number of MEQs submitted by each Councillor and the names of these Councillors. The Commissioner finds that the Council has correctly relied on section 40(1) to withhold the requestors on personal data and does not require an further steps. The Commissioner decision is that the Council has breach Section 10(1) of FOIA as it has not responded to the request within the required timescale. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the amount of MEQs submitted by each Councillor and the names of these Councillors. 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 FOIA and may be dealt with as a contempt of court.
FOI 40(2):
Complaint upheld
FOI 40(1):
Complaint not upheld
FOI 10(1):
Complaint upheld
Decision notice:
166311