ICO verdict On Lewisham Council's FOI “delinquency”

The Information Commissioner's Office (ICO) has wielded its authority, issuing an enforcement notice against London’s Lewisham Council in response to its abysmal failure to address numerous overdue requests made under the Freedom of Information Act (FOIA) 2000. TheBigRetort was the lead complainant...

The alarming discrepancies came to light as the Council's dismal performance on information access requests was revealed to the ICO, far surpassing the figures it displayed online. As of the close of 2022, the Council had amassed a staggering 338 requests for information that remained unanswered, with a staggering 221 of these lingering for over a year. The most disconcerting case dates back over two years to December 3, 2020.

The Council prioritised handling new requests within the statutory time limit of 20 working days, intentionally neglecting its burgeoning backlog of older requests. Under the scrutiny of the ICO, it became painfully evident that the Council lacked a definitive strategy to remedy this mounting issue.

The enforcement notice compels a Council which itself is fond of serving enforcement notices on its constituents, to promptly respond to all outstanding requests over 20 working days old, ensuring resolution within a six-month timeframe from the notice's issuance. Additionally, the Council must swiftly formulate and disseminate an action plan, aimed at averting future delays in handling FOI requests, within 35 days of the notice's issuance.

"By evading responses to these requests, Lewisham Council is plunging hundreds into the abyss of uncertainty, denying them the information rightfully theirs to seek. Confidence in local authorities' decisions hinges on transparency, and the Council's failure to uphold this principle undermines trust in the foundations of democracy and open governance."

Powerful words spoken by Warren Seddon, Director of FOI and Transparency at the ICO, underscore the seriousness of the situation. This is the second Freedom of Information enforcement notice within a short span, underscoring the ICO's unwavering commitment to ensure transparency and accountability within public authorities. We hope it continues.

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