FOI complaint - Council breached section 17
Summary
The ICO issued a Decision Notice against Blackburn with Darwen Borough Council finding a breach of FOIA section 17 for failing to issue a timely refusal notice within 20 working days. The council was entitled to withhold information under section 40(2) but failed proper procedure. No further steps required.
What changed
The ICO determined that Blackburn with Darwen Borough Council properly applied section 40(2) of FOIA to withhold third party personal information about a vacant property. However, the council breached section 17 by failing to issue a combined refusal notice citing both sections 40(2) and 31 within the statutory 20 working day timeframe.
Local authorities and public bodies handling FOI requests should ensure their internal processes guarantee timely refusal notices when withholding information, even when exemptions may apply. While the ICO did not require further action in this case due to the procedural nature of the breach, repeated or systemic section 17 failures could trigger formal enforcement action.
What to do next
- Review FOI response procedures to ensure refusal notices are issued within 20 working days
- Ensure staff training on section 40(2) third party data exemptions
Archived snapshot
Apr 8, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Blackburn With Darwen Borough Council
- Date 2 April 2026
- Sector Local government
- Decision(s) FOI 17: Upheld, FOI 40: Not upheld The complainant has requested information about a vacant property. Blackburn with Darwen Borough Council (‘the council’) relied on section 40(2) of FOIA (third party personal information) and section 31 of FOIA (law enforcement) to withhold the requested information. The Commissioner’s decision is that the council was entitled to rely on section 40(2) of FOIA to withhold the requested information. However, he also finds that the council breached section 17 of FOIA for failing to issue a refusal notice stating it was relying on sections 40(2) and 31 within 20 working days of receipt of the original request. The Commissioner does not require further steps.
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