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Warrington Borough Council

  • Date 5 September 2019
  • Sector Local government
  • Decision(s) FOI 12: Not upheld, FOI 16: Not upheld

The complainant has requested correspondence between the council and an individual. The council’s initial response was to refuse the request on the basis that section 40(2) applied (personal data). On review however it applied section 12(1) (appropriate limit). The complainant made a further request narrowing the scope of her request, however she also contested the application of 12(1) to her initial request. The council continues to argue that responding to the request would exceed the appropriate limit and therefore section 12(1) is applicable. The complainant also argued that the council did not comply with the requirements of section 16 in that it did not provide adequate assistance to her to narrow the scope of her request. The Commissioner’s decision is that the council has correctly applied Regulation 12(1) in this instance. She has also decided that the council complied with the requirements of section 16(1) in that it did seek to provide advice and assistance to aid the complainant in narrowing the scope of her request for information. The Commissioner does not require the council to take any steps.