Wealden District Council (Local government) [2020] UKICO IC-42101 (7 December 2020)
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Wealden District Council
The complainant has requested information held by Wealden District Council (the council) which relates to the estimated service costs for a particular set of properties for the financial years 2019/20 and 2020/21. The council provided the complainant with some information relating to the estimated service costs for 2019/20. It advised that the information relating to the financial year 2020/21 had not yet been calculated and therefore was not held. At the internal review, the council advised the complainant that whilst it maintained its previous position, it accepted that it should have cited an exemption in its original refusal notice. The council confirmed that as the information was to be published at a later date, it believed section 22 of the FOIA to be engaged. The Commissioner’s decision is that the council was not correct to cite section 22 of the FOIA in response to the complainant’s request. This is because she is satisfied that, on the balance of probabilities, the council did not actually hold the estimated service costs for the financial year 2020/21 at the time that the request was received. However, the Commissioner has determined that the council’s failure to apply the correct exemption is not, in itself, a breach of the FOIA. Furthermore, in response to claims made by the complainant that the information which was provided to him was inaccurate and incomplete, the Commissioner finds that the council has disclosed a full and correct copy of the breakdown of the estimated service costs held for the year 2019/20. The Commissioner does not require the council to take any steps as a result of this decision notice.
FOI 1:
Complaint not upheld
Decision notice: IC-42101
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URL: http://www.bailii.org/uk/cases/UKICO/2020/ic-42101.html
