Rotherham Metropolitan Borough Council (Local government) [2022] UKICO 103944 (19 July 2022)
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Rotherham Metropolitan Borough Council
The complainant requested various information in relation to changes to Rotherham Metropolitan Borough Council’s (the Council) Constitution regarding citizens questions and petitions. The Council provided responses to each item of the request, however the complainant believes the Council holds additional information relevant to items two, three and four of their request. The complainant subsequently requested additional information not within the scope of their original request which the Council has not responded too. The Commissioner’s decision is that Rotherham Metropolitan Borough Council has complied with its obligations under section 1(1) FOIA in respect of items two and three of the original request. However, in failing to confirm to the complainant that it did not hold the requested information in respect of item four by the completion of its internal review, the Commissioner finds that the Council breached section 1(1) FOIA. In addition, in failing to advise the complainant that the requested information was not held within the statutory time limit, the Commissioner also finds that the Council breached section 10(1) FOIA. As the complainant will now be aware of this information, he does not require the Council to take any steps in relation to this request. The Commissioner has also recorded a further breach of section 1(1) and section 10(1) in respect of the Council’s failure to respond to the complainant’s related, but additional request for information.
FOI 10:
Complaint partly upheld
FOI 1:
Complaint partly upheld
Decision notice: 103944
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URL: http://www.bailii.org/uk/cases/UKICO/2022/103944.html
