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Decision Summary

  • Case Ref: FS50151402
  • Date: 14 March 2007
  • Public Authority: Camelford Town Council
  • Summary: The complainant requested the public authority allow it to view option forms that had been completed and returned by members of the public expressing a preference for the future charging method to be employed at a local car park. The public authority failed to recognise the request as one properly made under the Freedom of Information Act. It thereafter dealt with a further similar request from the complainant by again refusing it, but this time relying upon an exemption under section 41 of the Act indicating that the information had been provided in confidence. Following an investigation, the Commissioner considers that the public authority did not properly respond to the initial request. It failed to release in accordance with section 1 of the Act that part of the requested information in respect of the disclosure of which it had no objection. As regards its refusal to release the part to which it did object it failed to issue the required notice under section 17 of the Act. Further, the Commissioner considers that in response to the subsequent request, the public authority (incorrectly referring to an exemption under section 41 of the Act) failed to inform the complainant at that time that the information no longer existed in its entirety and was therefore not held. In doing so the public authority again breached section 1 of the Act.
  • View PDF of Decision Notice: [1]