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Manchester City Council

  • Date 25 October 2019
  • Sector Local government
  • Decision(s) FOI 1: Upheld, FOI 10: Upheld, FOI 16: Upheld, FOI 17: Upheld

The complainant requested information about appeals relating to Penalty Charge Notices (PCNs). Manchester City Council required him to clarify elements of his original request (Request 1) but has failed to provide a response to the clarified request (Request 2). The Commissioner’s decision is that the Council has failed to discharge its duties under section 1(1) of the FOIA in respect of Request 2 and has therefore breached section 10(1) of the Act in the way it responded to that request. She also considers that the refusal notice which the Council issued in relation to Request 1 did not comply with section 17(5) of the FOIA and so the Council has also breached this section of the Act. Finally, the Commissioner does not consider that the Council provided the complainant with adequate advice and assistance in relation to Request 1 and so breached its section 16 duty. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: issue a substantive response, under the FOIA, to the Request 2; Provide the complainant with reasonable advice and assistance to help him refine element [4] of Request 1 such that it can be answered within the cost limit.