Bury Metropolitan Borough Council (Decision Notice): ICO 15 Jun 2011

The complainant asked the Council to release a copy of the budget set for each civic hall, baths and health and fitness centre together with the detailed methodologies used for the administration and recharge mechanism with detailed data for each site. The Council responded refusing to disclose the requested information under section 43 of the Act. As the complainant remained dissatisfied, he approached the Commissioner. During the Commissioner’s investigation the Council withdrew its application of section 43 of the Act and released the budgets for the various halls and health and fitness centres. It also released some information addressing the complainant’s request for data relating to the administration and recharge mechanism. The complainant continued to complain about this element of his request stating that the information released relating to the administration and recharge mechanism was not the information he requested. The Council decided to then claim a late reliance on section 12 of the Act. The Commissioner has considered the application of section 12 to the remaining element of the request and he has concluded that it does not apply in this case. He has therefore requested the Council to either releasing the outstanding information to the complainant or issue a further refusal notice in accordance with section 17 of the Act within 35 days of this Notice.
Section of Act/EIR and Finding: FOI 12 – Complaint Upheld, FOI 16 – Complaint Upheld, FOI 17 – Complaint Upheld

Citations:

[2011] UKICO FS50352695

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 25 November 2022; Ref: scu.530509