The complainant requested information from the public authority about allegations of mistreatment, neglect and abuse at premises operated by an NHS Trust. The public authority responded by asking the requestor to narrow down his request, which he did. The public authority then refused the request by virtue of section 12, stating that the cost of complying would exceed the ‘appropriate limit’. The Commissioner sought evidence to show that the cost of compliance would exceed the appropriate limit, and a member of his staff visited the authority to view its records management systems. The Commissioner has decided that, in this case, the authority applied the Act appropriately by refusing the request by virtue of section 12 and in particular the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. However, he also finds that the authority did not deal with the request in accordance with the requirements of Part I of the Act because it exceeded the time for compliance, as set out in section 10 of the Act. The Information Tribunal has ruled on this decision and has dismissed the appeal.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld, FOI 10 – Complaint Upheld
Citations:
[2006] UKICO FS50077716
Links:
Jurisdiction:
England and Wales
Information
Updated: 11 July 2022; Ref: scu.533567