House of Commons (Central government) [2023] UKICO 228444 (6 July 2023)
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House of Commons
The complainant has requested information regarding the Parliamentary art collection from the House of Commons (“the HoC”). The HoC initially said that it did not hold the information for the purposes of FOIA. During the Commissioner’s investigation it also argued that compliance with the request would exceed section 12 (Cost of compliance exceeds appropriate limit) of FOIA. The Commissioner’s decision is that: On the balance of probabilities, the HoC does hold information falling within the scope of the request. However, the HoC was entitled to rely on section 12 when refusing to comply with this request. As the HoC did not provide advice and assistance on how the request might be refined so as to bring it within the cost limit, it has not complied with the duty under section 16 of FOIA. The Commissioner requires the HoC to take the following steps to ensure compliance with the legislation. Provide the complainant with advice and assistance as regards how the request might be refined so as to bring it within the cost limit. The HoC must take these steps 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.
FOI 16:
Complaint upheld
FOI 1:
Complaint upheld
FOI 12:
Complaint not upheld
Decision notice: 228444
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URL: http://www.bailii.org/uk/cases/UKICO/2023/228444.html
