Bristol City Council (Local government) [2022] UKICO 140054 (28 November 2022)
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Bristol City Council
The complainant submitted seven requests for information related to Special Educational Needs and Disabilities (SEND) from Bristol City Council (‘the Council’). The Council refused all requests on the basis of section 14(1) (vexatious requests) as it considered that compliance would impose a disproportionate burden on its resources. During the course of the Commissioner’s investigation, the Council informed the Commissioner that in the event that he concluded that section 14(1) did not apply, it wished to rely on section 12(1) (cost of compliance exceeds appropriate limit) FOIA in respect of four of the requests and section 21 (information accessible to the applicant by other means) in respect of three. The Commissioner’s decision is that section 14(1) does not apply to any of the requests for information. The Commissioner has also determined that the Council was entitled to rely on section 12(1) in respect of the three cases it was able to aggregate, but that it does not apply to the request it was not entitled to aggregate. The Commissioner has also determined that the Council was not entitled to rely on section 21 in respect of requests 3 and 5.
FOI 12(1):
Complaint partly upheld
FOI 21:
Complaint upheld
FOI 14(1):
Complaint upheld
Decision notice: 140054
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URL: http://www.bailii.org/uk/cases/UKICO/2022/140054.html
