Wakefield Metropolitan District Council

The complainant has requested all information about a listed building held by named officials. The Council initially dealt with the request under FOIA and refused the request under section 12 on the basis the cost of compliance would exceed the cost limit. During the course of the Commissioner’s investigation the Council recognised that the request should have been handled under the EIR and so refused the request under regulation 12(4)(b) – manifestly unreasonable, again, on the basis would cost too much to comply with. The Commissioner’s decision is that Wakefield Council is entitled to rely on the regulation 12(4)(b) to refuse the request. However as it did not apply this exception within the twenty working days the Council has breached regulation 14(2). The Commissioner is also not satisfied that the Council initially provided adequate advice and assistance aimed at enabling the complainant to make a refined request, as required by regulation 9. However during the Commissioner’s investigation the Council provided detailed advice and assistance. Although this advice and assistance was provided late, the Commissioner is now satisfied that the Council has fully complied with its obligations under the Regulations. The Commissioner does not require the public authority to take any further action in this matter.