Oxford City Council
- Date 29 September 2023
- Sector Local government
- Decision(s) FOI 12(1): Not upheld, FOI 17(5): Upheld
The complainant requested information relating to costs of staff sickness pay for Oxford City Council (the Council) and Oxford Direct Services (ODS) covering four years. The Council provided the actual costs in respect of ODS and an estimate in respect of its own costs. The Council applied section 12(1) of FOIA (cost limit) to the sickness absence costs for its own staff.
The Commissioner’s decision is that the Council was entitled to rely on section 12(1) of FOIA. However, the Commissioner finds that the Council did not comply with its obligations under section 16 of FOIA to offer advice and assistance.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
Either provide the complainant with advice and assistance to help them refine the request such that it falls within the cost limit; or
If the request cannot be meaningfully refined, explain why this is the case.
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.