Complaint against Kirklees Council
UK Freedom of Information Act 2000 (Section 50)
UK Environmental Information Regulations 2004
16 December 2009 The Complainant requested information required to complete a CON29R form.
20 January 2010 Kirklees Council responded to the complainant that a levy would be charged to access the information.
21 January 2010 Complainant wrote to the Council requesting an internal review.
22 January 2010 The Council acknowledged the request.
9 February 2010 The Council wrote to the complainant and stated that it would not be able to provide a response within its normal timescales and confirmed that a response would be sent by 26 February 2010. After this date, the complainant sent a series of emails and telephone calls enquiring when a response would be received about the internal review.
20 April 2010 The Council responded to the Complainant with the outcome of the internal review. The Council argued that it was supported in this position by the decision in the case of R –v- York City Council ex parte OneSearch Direct Holdings Ltd (2010) EWHC 590 (Admin) (‘the High Court decision’).
10 May 2010 The complainant referred the case to the Information Commissioners Office.
12 May 2010 The Information Commissioners Office wrote to the Council with an explanation as to which regulation applied to the Complainants request.
9 June 2010 The Council emailed the Information Commissioners Office and set out the reasons for the financial charge.
9 June 2010 The Information Commissioners Office emailed and wrote to the Council with an explanation and requested the Council to submit any further supporting information for the Council decision.
9 June 2010 The Information Commissioners Office and the Council agreed that the Commissioner would issue a Decision Notice which addressed the arguments proposed by the Council.
5 July 2010 The Council writes to the Information Commissioners Office disputing that it is compelled to consider the request for information under the EIR.
26 July 2010 The Information Commissioners Office issues the decision notice.
3 August 2010 The Information Commissioners Office publishes the decision notice.
Elapsed time of Case = 221 days
Summary (Copied from the Decision Notice Reference: FER0311744. Date: 26 July 2010)
The complainant submitted a request to Kirklees Council (‘the Council’) for information from environmental records held on a property in Huddersfield. 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 regulation 5(2) as it failed to make it available within the statutory time for compliance. The Commissioner found that the Council breached regulation 6(1) by failing to comply with the complainant’s request to make the requested information available in a particular format. In addition, the Council breached regulation 11(4) by not conducting an 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.
Information Commissioners Office
Reference:
Complaint against Chichester District Council
Complaint against City of Bradford Metropolitan District Council
Complaint against East Riding of Yorkshire Council
Complaint against Stoke City Council
Complaint against Walsall Council
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Case last updated: 4 August 2010
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