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Information Commissioner's Office |
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You are here: BAILII >> Databases >> Information Commissioner's Office >> Long Sutton Parish Council (Decision Notice) [2012] UKICO FS50448990 (17 July 2012) URL: http://www.bailii.org/uk/cases/UKICO/2012/FS50448990.html Cite as: [2012] UKICO FS50448990 |
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Summary: The complainant made two requests to Long Sutton Parish Council (the council) on 22 September 2011 and 27 October 2011 for information relating to the council-™s allotments and the number of burials in the parish cemetery. The council initially failed to respond to either of the complainant-™s requests. Following the Commissioner-™s involvement in the matter the council responded withholding the requested information under section 14 on the basis that the requests were vexatious. The Commissioner finds that the council inappropriately applied section 14(1) as a reasonable public authority could not find either of the requests vexatious. In addition to this, the Commissioner considers that the request dated 22 September 2011 is for environmental information, and accordingly he finds that the council could not rely on regulation 12(4)(b) as the request could not be considered manifestly unreasonable by a reasonable public authority. Due to the delay in issuing a refusal notice in respect of both requests, the Commissioner also finds that the council breached section 17(5) of the FOIA and regulation 14(2) of the EIR. The Commissioner requires the council to reconsider the requests and either provide the requested information or issue a valid refusal notice which complies with section 17 of the FOIA or regulation 14 of the EIR as appropriate.
Section of Act/EIR & Finding: FOI 14 - Complaint Upheld, FOI 17 - Complaint Upheld, EIR 12.4.b - Complaint Upheld, EIR 14 - Complaint Upheld
