Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Caerphilly County Borough Council (Local government) [2024] UKICO 280038 (2 July 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/280038.html
Cite as: [2024] UKICO 280038

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Caerphilly County Borough Council

The complainant requested information about the grassed areas in the Penmaen Ward. Caerphilly County Borough Council (the Council) initially applied section 12 (appropriate limit) of the FOIA to the requests as it considered compliance would exceed the appropriate limit. In its internal review the Council stated that it did not hold the information requested. During the course of the Commissioner’s investigation the Council revised its position again and maintained that section 12 of the FOIA applied to the requests. The Commissioner’s decision is that the Council is entitled to consider the combined cost of responding to both requests and that it has reasonably estimated the combined cost as exceeding the appropriate limit. Consequently, the Council was entitled to refuse to comply with the requests in accordance with section 12(1). However, the Commissioner finds that the Council breached section 16(1) of the FOIA as it failed to provide sufficient advice and assistance to the complainant. The Commissioner also finds that the Council breached section 10(1) as it failed to respond to one request within the statutory time limit. The Commissioner requires the Council to provide the complainant with relevant advice and assistance to enable them to submit a refined request within the cost limit.

FOI 10: Complaint upheld FOI 16: Complaint upheld FOI 12: Complaint not upheld

Decision notice: 280038