Potto Parish Council
- Date 19 May 2026
- Sector Local government
- Decision(s) FOI 1: Upheld, FOI 10: Upheld, FOI 17: Upheld
The complainant requested information relating to audit reports and associated correspondence. Potto Parish Council (the “council”) stated that some information was not held and, in relation to other information, indicated that it would be provided on payment of a fee.The Commissioner’s decision is that the council has:
• breached section 1(1) and section 10(1) of FOIA by failing to confirm whether it holds the requested information and by failing to communicate information within the statutory time for compliance; and
• breached section 17(1) of FOIA by failing to issue a refusal notice compliant with FOIA.
• The Commissioner also finds that, on the evidence available, the council was not entitled to require payment as a condition of compliance in the manner described.
The Commissioner requires the council to take the following steps to ensure compliance with the legislation:
• Issue a fresh response to the request of 28 June 2025 which:
• confirms whether it holds the requested information; and either:
• provides the information (in electronic form where reasonably practicable); or
• issues a refusal notice compliant with section 17 of FOIA.