Newcastle City Council (Local government) [2018] UKICO fs50705230 (20 November 2018)
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Newcastle City Council
The complainant has requested from Newcastle City Council (the Council) information in relation to her son’s Education, Health and Care Plan (the EHCP). The Council provided part of the requested information, but failed to respond in relation to the remainder of the request. The Commissioner’s decision is that the Council has breached section 1(1) of the FOIA by not confirming nor denying whether it holds part of the requested information. The Commissioner requires the Council to issue a fresh response to the complainant confirming or denying that it holds data or information used to write the disputed sentence in the complainant’s son’s EHCP. The Commissioner also found that by failing to comply with the request within the statutory time for compliance, the Council breached section 10(1) of the FOIA. 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 the Act and may be dealt with as a contempt of court.
FOI 10:
Complaint upheld
FOI 1:
Complaint upheld
Decision notice: fs50705230
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50705230.html
