Metropolitan Borough of Wirral

The complainant requested information held by Wirral Metropolitan Borough Council (the council) relating to the Birkenhead Market investigation. The council initially refused the request under section 12 of FOIA (cost of compliance exceeds the appropriate limit). During the Commissioner’s investigation, the council advised that it now wished to rely upon section 14(1) (vexatious requests) on the grounds of burden, and section 12 in the alternative. The Commissioner finds that the council is entitled to rely on section 14(1) to refuse the request because compliance would impose a grossly oppressive burden. However, as the council failed to issue a refusal notice within the required 20 working days, the Commissioner has found a breach of section 17(1) of FOIA. The Commissioner does not require the council to take any steps.