Statement on Tribunal decision in the case of Moss v The Royal Borough of Kingston & The Information Commissioner
A single complaint relating to a FOI request originally made to the Council in February 2016, was upheld against the Council on 1 April 2022.
This followed a decision of the Tribunal in March 2017 upholding the Council’s refusal of the request but requiring the Council to provide advice to the requestor on how to reformulate his FOI request within 30 days.
The Tribunal accepted this has been remedied over a year ago. The case will now be considered by the High Court who will determine whether the omission to provide the advice amounted to a contempt of court.
Since this historic oversight, the Council has introduced significant changes to its policies and procedures. The Council is now consistently responding to FOI requests within statutory timescales and meets the ICO's expectations.
The judgement will be published in due course on www.bailii.org.
6 April 2022.