The complainant requested a list of fee-paying schools that had charitable status. The Charity Commission originally stated that it did not hold the requested information, but later relied on section 12 of the FOIA (cost exceeds appropriate limit) to refuse the request. The Commissioner’s decision is that the Charity Commission is entitled to rely on section 12 of the FOIA to refuse the request. However, as the Charity Commissioner did not issue its refusal notice within 20 working days, it breached section 17 of the FOIA. As the Charity Commission also failed to inform the complainant, within 20 working days, that it held relevant information, it breached section 10 of the FOIA. The Commissioner does not require any further steps.
FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 12: Complaint not upheld
Citations:
[2021] UKICO IC-83199
Links:
Jurisdiction:
England and Wales
Information
Updated: 09 November 2022; Ref: scu.669504