Wiltshire Council

The complainant requested information from Wiltshire Council (“the Council”) relating to food safety complaints, specifically complaints about food being sold after its use by date and food poisoning complaints. The Commissioner’s decision is that the Council is entitled to rely on section 12(1) (cost limit) of FOIA to refuse to provide the requested information. However, he finds that the Council failed to provide reasonable advice and assistance and therefore, did not meet its obligations under section 16(1) of FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. The Council must provide the complainant with advice and assistance to help them submit a request falling within the appropriate limit. The Council must take these steps 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.