Legal basis

• Freedom of Information Act 2000
• Environmental Information Regulations 2004

Key dates of the case

• 4.04.09 The complainant made an oral request for information about 10 properties to Liverpool City Council.
• 6.04.09 The complainant made a repeat oral request for information about 10 properties to Liverpool City Council.
• 14.04.09 The Complainant wrote to Liverpool City Council complaining about the charges levied.
• 23.04.09 The complainant made a specific complaint to Liverpool City Council about the charges levied.
• 7.05.09 The complainant wrote a letter to Liverpool City Council
• 21.05.09 The Council provided its detailed response about this issue. The Council agreed the information sought was the subject to the EIR.
• 19.06.09 The Complainant expressed dissatisfaction about the response.
• 22.06.09 The Council reiterated their position to the Complainant.
• 24.06.09 The Complainant registered a complaint with the Information Commissioners Office.
• 25.06.09 The Information Commissioners Office contacted the Complainant seeking further information about the information sought from Liverpool City Council.
• 26.06.09 The Information Commissioners Office telephoned the Council seeking a copy of the relevant charging scheme.
• 26.06.09 The Information Commissioners Office telephoned the Complainant requesting information on how the company accessed information and exactly what it was that had been requested from the Council.
• 26.06.09 The complainant provided the Commissioner with this information requested.
• 16.07.09 The Information Commissioners Office issued publicly available guidance about charging for property search information and access under the EIR and Freedom of Information Act.
• 17.07.09 The Information Commissioners Office wrote to the Council requesting that the Council reconsider their opinion.
• 31.07.09 The Council wrote to the Complainant and stated that their policy had not changed and copied the letter to Information Commissioners Office.
• 6.08.09 The Information Commissioners wrote to the public authority to ask for it to take into account of Decision Notice FER0240911 when constructing its arguments.
• 4.09.09 The Council wrote to the Information Commissioners Office setting out the Councils position.
• 11.11.09 The Information Commissioner publishes decision notice on the ICO November Decision notices web page.

Elapsed time of Case = 190 days

Online decisions and public reporting

Information Commissioners Office – November 2009 Decisions

Outline of Case

Summary (Copied from the Decision Notice Reference: FER0255346)

The public authority charged the complainant to view environmental information at its headquarters in the context of local authority searches for encumbrances on land. This case relates specifically to charging in relation to elements 1 (f), (g) and (h) from the CON29R form. He complained to the Commissioner about the charging. The Commissioner has considered this case and has determined that Regulation 8(2)(b) has been contravened in this instance. The Council cannot therefore charge to inspect this information at its headquarters and the Commissioner upholds the complaint.

Case Notes

Liverpool City Council

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Case last updated: 5 August 2009