Cumbria County Council (Local government) [2018] UKICO fs50693782 (10 April 2018)
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Cumbria County Council
The complainant has requested information with regards to complaints Cumbria County Council (the council) had received. The council provided some information and advised other information requested was not held. During the Commissioner’s investigation, the council amended its response to part of the request from ‘not held’ to instead rely on section 12 of the FOIA to refuse to respond. The complainant was not satisfied with the council’s section 12 refusal and the time it took to refuse it. The Commissioner’s decision is that the council is able to rely on section 12 of the FOIA but has breached section 17(5) of the FOIA in issuing the refusal notice outside the required timeframe. As the council has now issued its refusal, the Commissioner does not require it to take any steps.
FOI 17:
Complaint upheld
FOI 12:
Complaint not upheld
Decision notice: fs50693782
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50693782.html