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Westmorland and Furness Council

  • Date 12 March 2026
  • Sector Local government
  • Decision(s) FOI 14(1): Upheld

The complainant requested from Westmorland and Furness Council (the Council) information regarding the external consultant report relating to Appleby Horse Fair. The Council considered the requested information exempt from disclosure under section 14(1) of FOIA. 
The Commissioner’s decision is that the requests were not vexatious and the Council was not entitled to rely on section 14(1) of FOIA to refuse to comply with the requests.
The Commissioner requires the Council to take the following step to ensure compliance with the legislation: 
•    Issue the complainant with a fresh response to the requests that does not rely on section 14(1) of FOIA. 
The Council must take this step within 30 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.