ICO orders Potto Parish Council to respond to FOI request

ICO Decision Notices

Filed March 11th, 2026

Detected March 17th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has ordered Potto Parish Council to respond to a Freedom of Information (FOI) request within 30 days. The Council must provide a fresh response that either discloses the requested information or issues a valid refusal notice, without requesting proof of identity.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice against Potto Parish Council regarding a Freedom of Information (FOI) request. The Council had refused to provide invoice and audit information, citing a requirement for proof of identity. The ICO has upheld the complainant's appeal and ordered the Council to provide a new response within 30 days. This response must confirm whether the information is held, and if so, either disclose it or issue a valid refusal notice, without requesting proof of identity.

This decision imposes a clear compliance obligation on Potto Parish Council. They must take specific actions to respond to the FOI request within the stipulated 30-day deadline. Failure to comply could result in the ICO certifying the non-compliance to the High Court, potentially leading to contempt of court proceedings.

What to do next

Provide a fresh response to the FOI request within 30 days, confirming or denying information held.
Disclose relevant information or issue a valid refusal notice.
Do not request proof of identity in the response.

Penalties

Failure to comply may result in written certification of non-compliance to the High Court and may be dealt with as a contempt of court.

Source document (simplified)

Potto Parish Council

Date 11 March 2026
Sector Local government
Decision(s) FOI 1: Upheld, FOI 10: Upheld The complainant requested invoice and audit information from Potto Parish Council (“the Council”). The Council refused the request on the grounds that it required proof of identity before complying. The Commissioner requires the Council to provide a fresh response to the complainant’s request that does not ask for proof of identity, and that complies with section 1 of FOIA. This fresh response should confirm or deny whether the requested information is held and, for any relevant information that is held, either disclose it or issue a valid refusal notice. 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.