Bilborough Sixth Form College

The complainant has requested information about assistance dogs from Bilborough Sixth Form College (the “college”). The college refused to provide this information citing section 12(1) and section 14(1) of the FOIA. Whilst it subsequently withdrew its reliance on section 14(1), the college continued to cite section 12(1) for the first part of the request. Later, the college confirmed that it did not hold any information regarding the second part of the request. The Commissioner’s decision is that the college has correctly cited section 12(1) and that, on the balance of probability, it does not hold the information requested in the second part of the request. However, she considers that the college has not complied with its obligations under section 16 of the FOIA to provide the complainant with reasonable advice and assistance. The Commissioner notes that the response was provided outside the statutory 20 working day time limit and therefore the college has breached section 10(1) of the FOIA. The Commissioner does not require any steps to be taken because the college provided advice and assistance to the complainant during the Commissioner’s investigation.