The complainant submitted a request to Portsmouth City Council for evidence of the provenance of a specific document. The Council provided some information which, in its view, proved the provenance but the complainant remained dissatisfied. The Commissioner has decided that, on the balance of probabilities, the Council holds no further information and has therefore complied with the provisions of the Act.
Section of Act/The complainant requested the handwritten notes of meetings of the Council in April and May 2013. Caerwent Community Council (the Council) initially stated that it considered the information to be exempt under section 22 of the FOIA. At the time of the internal review the Council stated that the complainant had not asked for any written information and as such the Council did not hold it. During the Commissioner’s investigation the Council stated that, whilst the information requested was held at the time the request was received, it had been destroyed in line with its normal retention and destruction policy, but it maintained that the information was exempt under section 22 of the FOIA. The Commissioner has been unable to consider the Council’s application of section 22 as the requested information is no longer held. The Commissioner has not ordered any steps but has commented on the Council’s handling of the request in the other matters section of this notice.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld and Finding: FOI 1 – Complaint Not upheld
Citations:
[2013] UKICO FS50501448
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 May 2022; Ref: scu.528852