Badsworth Parish Council

The complainant submitted an information request to Badsworth Parish Council (the council) for the data from a Speed Indicator Device (SID). The council provided some data and stated that it was all the information it held in relation to the request. The Commissioner’s decision is that, on the balance of probabilities, the council failed to adequately ascertain whether or not it holds further information falling within the scope of the request.

The Commissioner requires the council to take the following steps to ensure compliance with the legislation: 

• Conduct searches aimed at identifying all the information it holds within the scope of the request and either disclose this information to the complainant or issue them with a refusal notice that complies with FOIA. 

• Identify if the third-party that oversees the unit holds any information on the council’s behalf, within the scope of the request. If it does, the council should either disclose this information to the complainant or issue them with a refusal notice that complies with FOIA.

The council must take these steps within 30 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.