Lambeth London Borough Council

The complainant has requested information about the availability of temporary accommodation. The London Borough of Lambeth (“LB Lambeth”) denied holding this information and upheld this position at internal review. During the course of the Commissioner’s investigation, LB Lambeth changed its position and its arguments supported a position that it would exceed the cost limit (section 12) to provide the requested information. The Commissioner’s decision is that LB Lambeth is entitled to rely on section 12(1) as its basis for refusing the request. However, it contravened its obligation under section 16 of the FOIA to provide adequate advice and assistance to the complainant. No steps are required.