Old Somerby Parish Council (Local government) [2019] UKICO fs50798618 (9 January 2019)


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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Old Somerby Parish Council (Local government) [2019] UKICO fs50798618 (9 January 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50798618.html
Cite as: [2019] UKICO fs50798618

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Old Somerby Parish Council

The complainant has requested information about records relating to the formulation of the Neighbourhood Plan of Old Somerby Parish Council (‘the Parish Council’) including e-mails sent and received by Parish Councillors and records relating to Mr Keith's appointment and his brief. The Parish Council applied section 12(1) to the request, as compliance would exceed the appropriate limit. The Commissioner’s decision is that the Parish Council applied section 12(1) incorrectly as it did not reasonably demonstrate that the cost of the request would exceed the limit. She also finds that in failing to advise the complainant on how to refine his request to bring it within the cost limit, Parish Council breached section 16(1) of the FOIA. The Commissioner requires the Parish Council to write to the complainant with a fresh response to the request that does not rely on section 12(1) of the FOIA to ensure compliance with the legislation.

FOI 12: Complaint upheld FOI 16: Complaint not upheld

Decision notice: fs50798618

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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50798618.html