Claybrooke Parva Parish Council

The complainant submitted a 17 part request for information held by Claybrooke Joint Burial Committee (CJBC) about its organisation, functions and responsibilities. CJBC provided a response to each of the 17 parts of the complainant’s request, and advised that no further information was held. The Commissioner considers that section 21 (information accessible to the complainant by other means) of FOIA is applicable to parts of the request where the information is already publicly available. However, as CJBC did not provide appropriate advice and assistance to enable the complainant to reasonably access this information, the Commissioner has determined that CJBC has failed to comply with its obligations under section 16 of FOIA. The Commissioner has also found a breach of section 1(1) (general right of access to information) of FOIA, as he considers that, on the balance of probabilities, CJBC holds additional information relevant to parts of the complainant’s request. The Commissioner requires CJBC to provide the complainant with direct links to the relevant publicly available information, and also issue a fresh response to part 17 of the request, either providing the complainant with copies of the relevant information held, or setting out a refusal notice that complies with FOIA.