University of Manchester

In a multi-part request the complainant has requested information about disciplinary processes and procedures from the University of Manchester (‘the University’).  The University initially complied with some parts of the request, relied on section 40(2)(personal data) and section 42(legal professional privilege) to withhold some of the requested information and relied on section 12(1) to refuse to comply with parts of the request.  During the Commissioner’s investigation the University reconsidered its position.  It now considers that it should have relied on section 12(1) of the FOIA (cost exceeds the appropriate limit) and refused to comply with any part of the request. The Commissioner’s decision is as follows: Under section 12(1) of the FOIA the University is not obliged to comply with the complainant’s request in its entirety. At the time of the request, the University did not comply with its duty under section 16(1) to provide advice and assistance. The University breached section 17(5) as it did not give the complainant an adequate refusal notice within 20 working days. The complainant re-submitted a refined request with regard to some parts of the request and the University subsequently complied with the remaining parts.  As such, the Commissioner does not require the University to take any remedial steps with regard to its breach of section 16(1). Information Tribunal appeal EA/2019/0230 under appeal.