Complaint against Cheshire West and Chester Council

tags:

Posted by ChrisCorbin on 25 Aug 2010

Legal basis

UK Freedom of Information Act 2000 (Section 50)

UK Environmental Information Regulations 2004

Key dates of the case

8 June 2009 The Complainant made a request by telephone to the Council to access free of charge information required to complete a compliant CON29 form.

8 June 2009 The Council telephoned the Complainant and stated that a charge would be levied.

31 July 2009 The Complainant submitted a written request for an internal review of the Councils position.

1 October 2009 The Complainant wrote to the Council to ask when would the outcome of the internal review be provided.

7 October 2009 The Council telephoned the Complainant and apologised for the delay.

29 October 2009 The Complainant wrote to the Council to complain about the lack of response.

3 November 2009 The Council wrote to the Complainant and upheld the Councils decision of the 8 June 2009.

16 November 2009 The Complainant submitted a complaint to the Information Commissioners Office.

2 February 2010 The Complainant wrote to the Council and complained about the Council decision.

30 March 2010 The Complainant wrote to the Council and complained about the Council about the lack of response to the 2 February 2010 letter.

8 April 2010 The Information Commissioner’s Office wrote to the Council and asked that it reconsider its response to the complainant’s request under the Environmental Information Regulations and asked that this internal review outcome be sent to both the Complainant and the Information Commissioners Office by 6 May 2010.

13 April 2010 The Complainant wrote to the Council and complained to the Council about the lack of response to the 2 February 2010 letter.

5 May 2010 The Council telephoned the Information Commissioners Office and explained that the Council had been formed on 1 April 2009. Three district Councils had been amalgamated with part of the former Cheshire County Council. The Council asked for an extension of the deadline to respond. The Information Commissioners Office agreed to an extension until 20 May 2010. The Council confirmed by email that the Council accepted the new deadline date of 20 May 2010.

14 May 2010 The Council wrote to the complainant and stated that the Council was still considering the Complainants complaint “in light of the apparently contradictory decisions of the Information Commissioner and Tribunal and the High Court”

25 May 2010 The Information Commissioners Office wrote to the Council to ask when would a response be received.

28 May 2010 The Information Commissioners Office wrote to the Council to explain that if the Council did not want to respond then the Information Commissioner would proceed to issue a decision notice.

1 June 2010 The Council wrote to the Information Commissioners Office and explained that the Council was going to respond but was not ready to do so.

2 June 2010 The Information Commissioners Office wrote to the Council to ask when would the Council respond.

15 June 2010 The Information Commissioners Office wrote to the Council to state a final deadline by which to respond was the 25 June 2010.

7 July 2010 The Council wrote to the Information Commissioners Office setting out the case that supported the Councils position.

30 July 2010 The Information Commissioners Office wrote to the Council asking whether the Council wished to reconsider its position in light of the publication of the Local Land Charges (Amendment) Rules 2010.

19 August 2010 The Information Commissioner issues the Decision notice.

26 August 2010 The Information Commissioners Office publishes the Decision notice.

Elapsed time = 437 days

Outline of Case

Summary (Copied from the Decision Notice Reference: FER0276228. Date: 19 August 2010)

The complainant submitted a request to Cheshire West and Chester Council (‘the Council’) for information from environmental records held on a property in Chester. The complainant specified that he wished to view the records in person. The Council agreed to provide the information requested but only on the provision of a set fee. The Commissioner’s decision is that the Council failed to comply with regulation 5(1) as it failed to make information available on request, and 5(2) as it failed to make it available within the statutory time for compliance. The Council breached regulation 6(1) by failing to comply with the complainant’s request to make information available in a particular format. The Council has also breached regulation 8(2)(b) by attempting to impose a charge to allow the complainant to inspect information. In addition, the Council breached regulation 11(4) by failing to provide the outcome of its internal review within 40 working days. The Commissioner requires the Council to make the requested information available for the complainant to inspect within 35 days of this notice.

Case Notes

Cheshire West and Chester Council

Information Commissioners Office

Reference:

Complaint against Castle Point District Council

Complaint against Chichester District Council

Complaint against City of Bradford Metropolitan District Council

Complaint against East Riding of Yorkshire Council

Complaint against Flintshire County Council

Complaint against Kirklees Council

Complaint against Knowsley Metropolitan Borough Council

Complaint against Liverpool City Council