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Priority review Enforcement Amended Final

ICO Decision: Council incorrectly withheld FOI information

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Filed February 25th, 2026
Detected March 6th, 2026
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Summary

The UK's Information Commissioner's Office (ICO) has ruled that Rhondda Cynon Taf County Borough Council incorrectly withheld information under FOI and EIR exemptions. The council must now reconsider the complainant's requests within 30 days.

What changed

The Information Commissioner's Office (ICO) has issued a decision notice against Rhondda Cynon Taf County Borough Council, finding that the council incorrectly withheld information requested under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR). The council cited section 14(1) of FOIA (vexatious requests) and regulation 12(4)(b) of the EIR (manifestly unreasonable) but the ICO determined these exemptions were not applied correctly.

The council is required to reconsider the complainant's requests and provide the information or issue a valid response within 30 calendar days. 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

  1. Reconsider FOI and EIR requests within 30 days.
  2. Provide requested information or issue a valid response.
  3. Ensure responses do not incorrectly rely on FOI section 14(1) or EIR regulation 12(4)(b).

Penalties

Failure to comply may result in written certification to the High Court and potential contempt of court proceedings.

Source document (simplified)

Rhondda Cynon Taf County Borough Council

  • Date 25 February 2026
  • Sector Local government
  • Decision(s) EIR 12(4)(b): Upheld, FOI 14(1): Upheld, FOI 40(1): Not upheld The complainant has submitted a series of requests relating to various information held by Rhondda Cynon Taf County Borough Council (the council). The council refused to comply with the complainant’s requests citing section 14(1) of FOIA (vexatious requests). The Commissioner’s decision is that the council has not dealt with the requests for information in accordance with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. He has determined that the council has incorrectly withheld information under the vexatious exclusion, and, in the case of environmental information, the manifestly unreasonable exception. The Commissioner requires the council to take the following steps to ensure compliance with the legislation. Reconsider the requests and provide the requested information or issue a valid response which does not rely on section 14(1) of FOIA and regulation 12(4)(b) of the EIR. The public authority 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.

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
Information Commissioner's Office
Filed
February 25th, 2026
Compliance deadline
March 27th, 2026 (13 days)
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Government agencies
Geographic scope
UK

Taxonomy

Primary area
Data Privacy
Operational domain
Legal
Topics
Freedom of Information Environmental Information

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