Kent County Council (Local government) [2019] UKICO fs50776579 (4 February 2019)
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Kent County Council
The complainant has requested information from Kent County Council (“the Council”) regarding the staff and consultant pay, pension and other details for both the Council and companies that it has a financial interest in. The Council initially answered the request regarding its own figures but could not answer all of the complainant’s questions relating to the other companies he asked about. Later, in its internal review, the Council confirmed that the companies the complainant seemed to be interested in were separate legal entities and public authorities in their own right. The Commissioner’s decision is that the Council has provided all the information it holds falling within the scope of the request but she finds that the Council has not complied with section 16 of the FOIA in providing appropriate advice and assistance to the complainant. Also, by failing to respond to the request within the statutory timescale of 20 working days, the Commissioner finds that the Council has breached section 10 (time for compliance) and section 17 (refusal notice) of the FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: provide further advice and assistance to provide the contact details of the LATCs and clarify which companies are of interest. The public authority 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 17:
Complaint upheld
FOI 10:
Complaint upheld
FOI 16:
Complaint upheld
FOI 1:
Complaint not upheld
Decision notice: fs50776579
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50776579.html
