Vale of Glamorgan Council (Local government) [2022] UKICO 129062 (25 October 2022)
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Vale of Glamorgan Council
The complainant requested various information in respect of Houses in Multiple Occupancy (HMO’s) for the Bridgend, Vale of Glamorgan and Cardiff Council areas, and in particular electronic versions of their respective registers as an excel workbook. The Vale of Glamorgan Council (‘the Council’) informed the complainant that it does not send out the full information requested, citing section 31(1)(a) (law enforcement) FOIA to withhold the registers on the basis that it would be likely to prejudice the prevention or detection of crime. During the course of the correspondence with the complainant, the Council also cited section 12 FOIA (cost of compliance exceeds the appropriate limit) in respect of information relevant to the request, but not captured on the registers. Following the Commissioner’s investigation, the Council added section 21 (information accessible to the applicant by other means) and section 40(2) (personal information) in respect of the registers. The Commissioner’s decision is that the Council was entitled to refuse the request regarding the register by virtue of section 21 FOIA. The Commissioner also accepts that in respect of information not held on the registers, that the Council was entitled to rely on section 12 FOIA.
FOI 21:
Complaint not upheld
FOI 12:
Complaint not upheld
Decision notice: 129062
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URL: http://www.bailii.org/uk/cases/UKICO/2022/129062.html