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Royal Borough of Kingston upon Thames

  • Date 21 February 2023
  • Sector Local government
  • Decision(s) FOI 12(1): Not upheld, FOI 16(1): Upheld

The complainant requested from Royal Borough of Kingston upon Thames (the Council) information regarding the number of times the Council used a specific response “the Public Interest Test” (PIT) to a FOIA request. The Council refused to comply with the request and cited section 12(1) (cost of compliance) of FOIA.
The Commissioner’s decision is the Council was entitled to refuse to comply with the request in accordance with section 12(1) of FOIA. However, the Council failed to provide adequate advice and assistance in accordance with section 16(1) of FOIA.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
Provide advice and assistance to the complainant to assist in submitting a request falling within the appropriate limit.
The public authority 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 FOIA and may be dealt with as a contempt of court.