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Birmingham City Council

  • Date 14 September 2020
  • Sector Local government
  • Decision(s) FOI 12: Not upheld, FOI 16: Upheld

The complainant has requested information relating to civil litigation proceedings that have been taken against Birmingham City Council (the council) within a specified time period. The council refused to comply with the request on the grounds that it would exceed the cost limits to do so (section 12(1) of the FOIA). The Commissioner’s decision is that the council was entitled to rely on section 12(1) of the FOIA in relation to this request. Nevertheless, by failing to demonstrate that it had properly considered its advice and assistance obligations, the council has breached section 16 of the FOIA. However, due to the circumstances of this case, the Commissioner does not require the council to take any steps.