Link for IOC full Decision notice pdf file: Durham County Council (Local government) [2025] UKICO 348732 (27 May 2025)
The complainant requested the costs involved in dealing with nine specific complaints. Durham County Council (the Council) initially stated that the information requested was exempt under section 30 (investigations) of the FOIA. During its internal review the Council withdrew reliance on section 30 of the FOIA, and stated that it was now relying on section 22 (information intended for future publication) of the FOIA. During the course of the Commissioner-™s investigation the Council stated that it did not hold the specific information requested.The Commissioner-™s decision is that section 22 of the FOIA is not engaged as, at the time of the request, the information requested was not held. In failing to confirm that the information requested was not held and for failing to confirm the information was not held within the statutory time period, the Commissioner finds that the Council breached sections 1 and 10 of the FOIA. The Commissioner requires the Council to issue a fresh response to the request which complies with section 1 of the FOIA and does not rely on section 22 of the FOIA.