Hartlepool Borough Council

The complainant requested information about parking fine revenue, including totals, breakdowns and location-based data. Hartlepool Borough Council (the “council”) initially relied on sections 21 and 22 of FOIA. At internal review it also relied on section 12. The Commissioner’s decision is that the council: did not correctly apply section 21; has not demonstrated that section 22 is engaged; did not comply with section 17 of FOIA; has not demonstrated that section 12 applies; and failed to comply with section 1(1) of FOIA because it did not issue a response which properly addressed whether the requested information was held and, if held, either disclosed it or relied on a valid refusal notice. The Commissioner requires the council to issue a fresh response to the request under FOIA which addresses each part of the request and either discloses the information held or issues a refusal notice which complies with section 17.