ICO: 6 Decisions – Is UK Government listening?
The 90 delegates attending the UK Association of Independent Personal Search Agents (IPSA) annual conference received an update by the IPSA Chief Executive Officer on the current position with respect to Local Government charging for access to Statutory Registers held by Local Government bodies. The briefing summarised the Information Commissioners decisions and then went onto consider the current actions of the following bodies:
- The Department of Communities and Local Government (CLG)
- The Ministry of Justice (MoJ)
- HM Treasury (HMT)
- The Office of Public Sector Information (OPSI)
- The Local Government Association (LGA)
The update to IPSA Members also included a review of the recent decision of The First-Tier Tribunal General Regulatory Chamber [Information Rights]. A decision on the Judicial Review is expected at 1400 hours 19th March 2010.
As a result of the published Decisions the issue of compensation was then considered and the issues involved in claiming repayment of the fees already paid back to:
- 1st January 2005 when the Environmental Information Regulations 2004. S.I. 2004 No. 3391 came into force. (Directive 2003/4/EC OJ No. L 41, 14.2.2003, p.26).
- 31st December 1992 when The Environmental Information Regulations 1992. S.I. 1992 No. 3240 came into force.
Compensation with respect to the impact the Local Government financial charges have had on the private sector bodies was also debated.
Information Commissioner’s Office has published decisions on complaints about the following Local Government bodies. All the complaints have been upheld.
Case Ref: FER0240911 Date: 27/07/2009 Public Authority: Stoke City Council Summary: The complainant made a request to inspect the building control and traffic schemes information within 200 metres of a named address. The Council refused to grant inspection of the information stating that as the information was available through the completion of a standard search form (CON29) and on payment of a fee based on the property search regulations, regulation 6(1)(b) removed the need to comply with regulation 5(1). The Commissioner has investigated and found that the request is a request to inspect environmental information but that the Council cannot use regulation 6(1)(b) to refuse the request to inspect the information. The Council must make the information available for inspection in accordance with regulation 5(1) within 35 calendar days of this notice. Section of Act/EIR & Finding: EIR 5(1) - Complaint Upheld View PDF of Decision Notice FER0240911
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East Riding of Yorkshire Council
Case Ref: FER0236058 Date: 27/07/2009 Public Authority: East Riding of Yorkshire Council Summary: The complainant made a request to inspect the building control and traffic schemes information within 200 metres of a named address. The Council agreed to provide the information requested but only on the provision of a fee based on the property search regulations. The Council argued that it was allowed to charge for the information under regulation 8(1) as the information was not in a public register and could not be inspected without further collation by the Council. The Commissioner has investigated and found that the request is a request to inspect environmental information but that the Council cannot charge for the information by virtue of regulation 8(2)(b). The Council must make the information available for inspection in accordance with regulation 5(1) within 35 calendar days of this notice. This decision notice is currently under appeal to the Information Tribunal. Section of Act/EIR & Finding: EIR 5(1) - Complaint Upheld View PDF of Decision Notice FER0236058
16th March 2010
The First-Tier Tribunal General Regulatory Chamber [Information Rights] decision
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Case Ref: FER0240239 Date: 26/10/2009 Public Authority: Maldon District Council Summary: The complainant made a request to inspect the building control information in relation to two named addresses. The Council agreed to provide the information requested but only on the provision of a fee based on the property search regulations. The Council argued that it was allowed to charge for the information under regulation 8(1) as the information was not in a public register and could not be inspected without further collation by the Council. The Commissioner has investigated and found that the request is a request to inspect environmental information but that the Council cannot charge for the information by virtue of regulation 8(2)(b). The Council must make the information available for inspection in accordance with regulation 5(1) within 35 calendar days of this notice. Section of Act/EIR & Finding: EIR 5(1) - Complaint Upheld , EIR 8(2)(b) - Complaint Upheld View PDF of Decision Notice FER0240239
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Case Ref: FER0265572 Date: 04/11/2009 Public Authority: Tendring District Council Summary: The complainant made a request to inspect the building control information in relation to a named address. The Council agreed to provide the information requested but only on the provision of a fee based on the property search regulations. The Council argued that it was allowed to charge for the information under regulation 8(1) as the information was not in a public register and could not be inspected without further collation by the Council. The Commissioner has investigated and found that the request is a request to inspect environmental information but that the Council cannot charge for the information by virtue of regulation 8(2)(b). The Council must make the information available for inspection in accordance with regulation 5(1) within 35 calendar days of this notice. Section of Act/EIR & Finding: EIR 5(1) - Complaint Upheld, EIR 6(1) - Complaint Upheld , EIR 14(3)(a) - Complaint Upheld , EIR 14(3)(b) - Complaint Upheld , EIR 14(5)(a) - Complaint Upheld , EIR 14(5)(b) - Complaint Upheld View PDF of Decision Notice FER0265572
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Case Ref: FER0255346 Date: 11/11/2009 Public Authority: Liverpool City Council Summary: Summary: 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. Section of Act/EIR & Finding: EIR 5(1) - Complaint Upheld , EIR 6(1) - Complaint Upheld , EIR 8(2)(b) - Complaint Upheld View PDF of Decision Notice FER0255346
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Case Ref: FER0265630 Date: 12/11/2009 Public Authority: Castle Point Borough Council Summary: The complainant made a request to inspect the building control information in relation to a named address. The Council agreed to provide the information requested but only on the provision of a fee based on the property search regulations. The Council argued that it was allowed to charge for the information under regulation 8(1) as the information was not in a public register and could not be inspected without further collation by the Council. The Commissioner has investigated and found that the request is a request to inspect environmental information but that the Council cannot charge for the information by virtue of regulation 8(2)(b). The Council must make the information available for inspection in accordance with regulation 5(1) within 35 calendar days of this notice. Section of Act/EIR & Finding: EIR 5(1) - Complaint Upheld , EIR 6(1) - Complaint Upheld , EIR 8(2)(b) - Complaint Upheld , EIR 14(3)(a) - Complaint Upheld , EIR 14(3)(b) - Complaint Upheld , EIR 14(5)(a) - Complaint Upheld , EIR 14(5)(b) - Complaint Upheld View PDF of Decision Notice FER0265630
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Case Ref: FER0266521 Date: 17/12/2009 Public Authority: Knowsley Metropolitan Borough Council Summary: The complainant submitted a request to Knowsley Metropolitan Borough Council for information from environmental records held on a property in Liverpool. 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 fee based on the property search regulations. The Commissioner’s decision is that the Council failed to comply with regulations 5(1) and 6(1) as it failed to make the requested information available for inspection on request. The Commissioner requires the Council to make the requested information available for the complainant to inspect within 35 days of this notice. Section of Act/EIR & Finding: EIR 5(1) - Complaint Upheld, EIR 6(1) - Complaint Upheld View PDF of Decision Notice FER0266521
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ICO Publishes PSI landmark Decision Notices
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