Line to take - LTT39 - Failure to issue refusal notice in time

From FOIwiki
Jump to: navigation, search
  • FOI/EIR: FOI
  • Section/Regulation: s10, s17
  • Issue: Failure to issue refusal notice in time
  • Source: Information Tribunal
  • Details: Bowbrick / Nottingham Council (28 September City 2006)
  • Related Lines to Take: LTT29, LTT63
  • Related Documents: FS50063475, EA/200510006
  • Contact: EW
  • Date: 30/03/2007
  • Policy Reference: LTT39
  • © Copyright Information Commissioner's Office, re-used with permission
  • Original source linked from here: LTT


Line to take

Failing to issue a refusal notice within twenty working days is a breach of section 17(1), rather than section 10.

Further Information

In the case of Bowbrick v the ICO, the Tribunal confirmed that failing to issue a refusal notice within twenty working days is a breach of s17(1). Decision Notices issued by the ICO before this time had stated that this was a breach of s10. It stated:

“the Council failed to identify within 20 working days of the request the exemptions upon which it relied in respect of certain documents falling within the scope of [the] request. It therefore failed to comply within its duty under s17(1) of FOIA within the time limit prescribed by that section.”

Although the time for complying with s1 is provided by s10, the duty to also issue refusal notices within that time is provided by s17.