Complaint against Wrexham County Borough Council

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Posted by ChrisCorbin on 18 Aug 2010

Legal basis

UK Freedom of Information Act 2000 (Section 50)

UK Environmental Information Regulations 2004

Key dates of the case

24 September 2009 The Complainant submitted a request to the Council to access free of charge information required to complete a compliant CON29 form.

5 October 2009 The Council responded to the Complainant to state that a charge would be levied.

6 October 2009 The Complainant wrote to the Council requesting an internal review.

12 October 2009 The Council wrote to the Complainant providing the outcome of the internal review that stated the Council’s position was as that of the 5 October 2009.

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

8 April 2010 The Information Commissioners Office contacted the Council and explained the requirements of the EIR.

6 May 2010 The Council wrote to the Complainant stating that some information could be accessed free of charge but other information a charge was applicable.

12 May 2010 The Information Commissioners Office wrote to the Council to state that the Councils position may not be compliant with the EIR’s.

18 May 2010 The Council responded to the Information Commissioners Office acknowledging receipt and that the Council intended to respond.

11 June 2010 The Council wrote to the Information Commissioners Office stating that in the Councils opinion the EIR’s did not apply to Local Land Charges information.

14 June 2010 The Information Commissioners Office wrote to the Council seeking further information.

6 July 2010 The Council provided the Information Commissioners Office with the information requested.

7 July 2010 The Information Commissioners Office contacted the Council seeking further clarification about the information requested and whether this included financial information.

28 July 2010 The Council responded to the Information Commissioners Office to state that no financial information was held on the property concerned.

9 August 2010 The Information Commissioner issues the Decision notice.

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

Elapsed time = 221 days

Outline of Case

Summary (Copied from the Decision Notice Reference: FER0276442. Date: 9 August 2010)

The complainant submitted a request to Wrexham County Borough Council (‘the Council’) for information from environmental records held on a property in Gwynedd. The complainant specified that he wished to view the records in person. The Council stated that the requested information could only be accessed on the provision of a fee based on the property search regulations. The Commissioner’s decision is that the Council breached 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 also found that the Council breached regulation 8(2)(b) by attempting to impose a charge for allowing the complainant to inspect the requested information. The Commissioner requires the Council to make the requested information available for the complainant to inspect within 35 days of this notice.

Case Notes

Wrexham County Borough 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