Lancashire County Council
- Date 2 September 2020
- Sector Local government
- Decision(s) FOI 12(1): Not upheld, FOI 16: Upheld
The complainant has requested from Lancashire County Council (“the Council”) information regarding sick pay extensions for Council employees. The Council initially stated that this information could not be disclosed because of the way it was recorded. However, during the course of the Commissioner’s investigation the Council issued a refusal notice to the complainant which cited section 12 of the FOIA (cost limit).
The Commissioner’s decision is that the Council was entitled to rely on section 12(1) of the FOIA to refuse to comply with this request. However the Commissioner also finds that the Council has not complied with its duty to provide advice and assistance under section 16 (advice and assistance) of the FOIA.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
• Provide advice and assistance to the complainant on refining his request.
The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. Information Tribunal appeal EA/2020/0272 Appeal Dismissed.