The complainant requested that Northumberland County Council (the ‘council’) should provide her with a copy of a file of inquest papers held by its County Archives Service. The complainant did not wish to pay the fees charged by the Archive Service and wanted the council to provide the information under the Freedom of Information Act 2000 (the ‘Act’). The council refused to provide the information under section 21 of the Act. The Commissioner considers that the information is available to the complainant via the council’s Archive Service and that it is clear in the council’s publication scheme that a charge may be made for copying. The Commissioner is therefore satisfied that the council was correct to refuse the information under section 21(1) of the Act. However the Commissioner finds that in not specifying the relevant exemption in its refusal notice or at internal review the council is in breach of section 17(1)(b). In failing to provide a substantive refusal to the complainant within the statutory time period the council is also found to be in breach of section 17(1).
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 21 – Complaint Not upheld
[2010] UKICO FS50287660
Bailii
England and Wales
Information
Updated: 12 December 2021; Ref: scu.531673
