Cherwell District Council

The complainant has requested all held information referring to Data Protection and Freedom of Information matters, and correspondence with the ICO, for the calendar year of 2023. Cherwell District Council initially withheld the information under the exemptions provided by sections 31(1)(g) (Law enforcement), 40(2) (Personal information), and 42(1) (Legal professional privilege), and subsequently indicated at internal review that it considered the request would engage section 12 (Cost of compliance). During the course of investigation, the Council informed the Commissioner that it wished to rely upon section 14(1) (Vexatious requests) on the grounds of burden, and section 12 in the alternative. The Commissioner’s decision is that the Council is entitled to refuse to comply with the request under section 14(1). However, in failing to issue a refusal notice within the statutory timescale, the Council breached section 17(5) (Refusal of request). The Commissioner does not require further steps but refers the Council to the points raised in ‘Other matters’.