Information Commissioners Office (ICO)
Please find the response from the Stockport Borough Council, who have refused my FOI request under section 14(1) vexatious. I now wish to elevate this complaint to the ICO.
The full history of my FOIA request is available at the Whatdotheknow website.
Please also be mindful that I have been corresponding with the SMBC Solicitor Mr Barry Khan for the past 6/7 months and he has not suggested my requests are vexatious.
SMBC have stated they are not prepared to review their vexatious decision which, I believe, is in violation to the FOIA 2000. In actual fact, I am unable to elevate my complaint to the ICO until the SMBC have reviewed their decision, but it would appear the SMBC FOIA manager, Mr Oldfield, is somewhat cavalier.
I am also very concerned at the statement below from the SMBC:-
“providing a channel for unauthorised investigations into the legality of building constructions by members of the public”.
My understanding of the FOIA 2000 is that a request is both motive blind and applicant blind; hence, it would appear the SMBC are treating the requester as vexatious NOT the request.
I am also at a complete loss how they can claim my request for Lightning Protection Test Results is vexatious, because they sent me the test results yesterday! It would appear to me that the left hand of SMBC don’t know what the right hand is doing.
With thanks
Yours sincerely
Alan M Dransfield
