The complainant has requested, from Thanet District Council (the ‘Council’), information relating to a planning application. The Council denied holding some of the information, said that it would exceed the cost limit at section 12 to locate some information and withheld some citing section 40(2)(Personal information) of the FOIA. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold some of the requested information. Furthermore, the Council was entitled to rely on sections 12 and 40 of the FOIA. He does however find a breach of section 16(1) (Advice and assistance) of the FOIA. The Commissioner does not require the Council to take any steps.
FOI 40: Complaint not upheld FOI 1: Complaint not upheld FOI 12: Complaint not upheld
Citations:
[2021] UKICO ic-97797
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 September 2022; Ref: scu.675271