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Information Commissioner's Office |
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You are here: BAILII >> Databases >> Information Commissioner's Office >> Northumberland County Council (Decision Notice) [2011] UKICO FS50305666 (21 February 2011) URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50305666.html Cite as: [2011] UKICO FS50305666 |
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Summary: The complainant submitted a request for information on income generated from -˜section 106-™ agreements under a certain policy. The Council disclosed some information to the complainant under the Freedom of Information Act, but this did not include all of the information held. After the intervention of the Commissioner, the Council reconsidered the request under the EIR, and stated that the requested information would only be provided if the complainant paid a fee of £925. The Commissioner explained to the Council that the activities it had taken into account could not be included in a fees notice. The Council then confirmed that it relied upon the exception at regulation 12(4)(b) which applies to manifestly unreasonable requests. However, the Council has failed to provide any arguments which explain why the request is manifestly unreasonable and so the Commissioner finds that the exception was applied incorrectly. The Commissioner finds that the Council has breached regulation 8(3) by issuing an unreasonable fees notice, and regulation 8(4) by failing to issue this within the statutory time for compliance. The Council has breached regulation 11(4) by failing to conduct an internal review within 40 working days. The Commissioner also finds that the Council has breached regulation 14(1) by failing to provide a refusal notice, regulation 14(2) by failing to provide a refusal notice within the statutory time for compliance, regulation 14(3)(a) by failing to cite the exception it relied upon regulation 14(3)(b) by failing to conduct a public interest test in relation to the exception, and regulation 14(5) by failing to inform the complainant enforcement and appeal provisions of the EIR. The Commissioner requires the Council to either disclose the requested information to the complainant or issue a valid refusal notice. The Council must take these steps within 35 calendar days.
Section of Act/EIR & Finding: EIR 8 - Complaint Upheld, EIR 8 - Complaint Upheld, EIR 11 - Complaint Upheld, EIR 12.4.b - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld
