North East Lincolnshire Council
- Date 21 September 2020
- Sector Local government
- Decision(s) FOI 12(1): Upheld, FOI 16: Upheld
The complainant requested from North East Lincolnshire Council (“the Council”) information in three parts relating to written food warnings. The Council initially refused this request under section 14(1) of the FOIA (vexatious requests). The Council later withdrew its citing of section 14(1) and cited section 30(1)(a) of the FOIA (investigations and proceedings). It then disclosed to the complainant information at part three of the request and maintained its citing of section 30(1)(a) for parts one and two. The Council then revised its position again and refused this request under section 12(1) of the FOIA (costs limit).
The Commissioner’s decision is that the Council was not entitled to rely upon section 12(1) of the FOIA. The Commissioner’s view is that the Council has also not complied with its duty to provide advice and assistance under section 16.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
• Issue a fresh response to this request which does not rely upon section 12.
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.