Plymouth City Council FOI Decision Notice: Information Not Held, Not Upheld

The ICO issued a Decision Notice finding that Plymouth City Council correctly applied section 1(1) of the FOIA when a complainant requested information about a referendum relating to a proposed mayoral election. The council confirmed it did not hold the information, noting that any relevant records would be held by the Returning Officer as a separate legal entity. The Commissioner upheld the council's response, requiring no further steps.

For public authorities handling similar FOI requests, this decision reinforces the importance of conducting thorough searches and correctly identifying whether requested information is held by the authority itself or by a distinct entity such as a Returning Officer. Authorities should ensure their FOI responses clearly explain where information responsibility lies when multiple bodies may be involved.