Swindon Borough Council (Local government) [2022] UKICO 148183 (1 November 2022)
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Swindon Borough Council
The complainant requested information from Swindon Borough Council (the Council) relating to the record kept of rubbish collections on a particular day. The Council refused the request under section 14(1) of FOIA (vexatious requests). The Commissioner’s decision is that the Council should have dealt with the request under the EIR and has not sufficiently demonstrated that complying with the request would impose a grossly oppressive burden, and therefore is not entitled to rely on regulation 12(4)(b) to withhold the requested information. The Commissioner requires the Council to take the following step to ensure compliance with the legislation. Issue a fresh response to the complainant, which does not rely on regulation 12(4)(b) of the EIR. The Council must take this step 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.
EIR 12(4)(b):
Complaint upheld
Decision notice: 148183
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URL: http://www.bailii.org/uk/cases/UKICO/2022/148183.html
