Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Birmingham City Council (Local government) [2023] UKICO 168886 (30 January 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/168886.html
Cite as: [2023] UKICO 168886

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Birmingham City Council

The complainant requested information from Birmingham City Council (“the Council”) relating to penalty charge notices. The Commissioner’s decision is that the Council is entitled to rely on section 12(1) (cost limit) of the FOIA to refuse to provide the information requested in part 2 of the request. Therefore, the Council is entitled to charge a fee to comply with part 2 of the request. However, the Commissioner finds that the Council failed to provide reasonable advice and assistance and therefore failed to meet its obligations under section 16(1) of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Provide the complainant with advice and assistance to help them refine part 2 of their request so that it falls within the appropriate limit. 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 12: Complaint upheld FOI 16: Complaint not upheld

Decision notice: 168886