London Borough of Sutton Council (Local government) [2021] UKICO IC-72729 (27 April 2021)
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London Borough of Sutton Council
The complainant requested from the London Borough of Sutton (“the Council”) information regarding payments to service providers during the pandemic. The Council refused the request as it considered that compliance with it would exceed the cost limit under section 12 of the FOIA. The Commissioner’s decision is that the Council was entitled to rely on section 12(1) of the FOIA to refuse to comply with this request. However the Commissioner also finds that the Council did not comply with its duty to provide advice and assistance under section 16 (advice and assistance) of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Provide advice and assistance to the complainant on refining his request. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court
FOI 12(1):
Complaint not upheld
FOI 16:
Complaint upheld
Decision notice: IC-72729
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-72729.html
