North Yorkshire County Council

The complainant has requested statistics from the council relating to incidents of harassment and bullying within the council. The council provided some information but refused to provide more specific numbers for parts 3, 4 and 9 of the request on the grounds that section 40(2) applied (personal data). When the complainant asked for a review the council applied section 14(1) to the complainant's insistence that specific numbers are disclosed (vexatious). During the course of the Commissioner's investigation the council also argued that section 12 was applicable to part 9 of the complainant's request (cost exceeds appropriate limit). The Commissioner’s decision is that council was not correct to apply section 14 to the request. She has also decided that it was not correct to apply section 40(2) to withhold the information. She has however decided that it was able to apply section 12 to refuse part 9 of the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the information falling within parts 3 and 4 of the request to the complainant.