Royal Borough of Kingston upon Thames (Local government) [2023] UKICO 182305 (14 February 2023)
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Royal Borough of Kingston upon Thames
The complainant requested from Royal Borough of Kingston upon Thames (“the Council”) information regarding the number of times the Council used a specific response “Local Government Act 1972” (LGA) to FOIA requests. The Council refused to comply with the request and cited section 12(1) (cost of compliance) of FOIA. The Commissioner’s decision is the Council was entitled to refuse to comply with the request in accordance with section 12(1) of FOIA. However, the Council failed to provide adequate advice and assistance in accordance with section 16(1) of FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Provide advice and assistance to the complainant to assist in submitting a request falling within the appropriate limit. The public authority 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 FOIA and may be dealt with as a contempt of court.
FOI 12(1):
Complaint not upheld
Decision notice: 182305
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URL: http://www.bailii.org/uk/cases/UKICO/2023/182305.html
