West Sussex County Council

The complainant has asked West Sussex County Council to provide him with a copy of certain meeting notes in respect of a safeguarding adults review concerning his brother. Having first refused the complainant’s request in reliance on section 31 of the FOIA, the Council now relies on section 3(2) of the FOIA, on the grounds that it doesn’t hold the requested information, and on section 14(1) on the grounds that the request is vexatious. The Commissioner’s decision is that West Sussex County Council holds the information requested by the complainant for its own purposes being a lead member of the Safeguarding Adults Board. The Council is therefore not entitled to rely on section 3(2) of the FOIA. The Commissioner has considered the Council’s application of section 14(1) of the FOIA. She has decided that the Council has correctly applied section 14(1) to the complainant’s request on the grounds that it is vexatious. Information Tribunal appeal EA/2018/0143 allowed.