The complainant requested information from West Chiltington Parish Council (‘the Council’) relating to the inspection of a skate park. The Commissioner’s decision is that the Council failed to confirm or deny whether it holds the requested information. Consequently the Commissioner finds that the Council breached section 1(1) and section 10(1) of FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Issue a fresh response to the request which clearly confirms or denies whether the requested information is held. If the requested information is held, that information should either be disclosed, or the Council should provide an adequate refusal notice. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
FOI 1(1): Complaint upheld FOI 10(1): Complaint upheld
Citations:
[2022] UKICO 128668
Links:
Jurisdiction:
England and Wales
Information
Updated: 04 August 2022; Ref: scu.679489
