Warrington Borough Council
- Date 3 April 2024
- Sector Local government
- Decision(s) FOI 10: Upheld, FOI 12(1): Not upheld, FOI 16: Upheld
The complainant requested information from Warrington Borough Council (“the Council”) relating to Council investments.
The Commissioner’s decision is that the Council is entitled to rely on section 12(1) (cost limit) to refuse to provide some information within the scope of part 1 of the request. However, he finds that the Council failed to provide reasonable advice and assistance and therefore failed to meet its obligations under section 16(1) of FOIA.
The Commissioner also finds that the Council breached section 10(1) (time for compliance) of FOIA by failing to respond to the request within the statutory timeframe of 20 working days.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
The Council must provide the complainant with advice and assistance to help them submit a request falling within the appropriate limit.
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.