Help required for upper tribunal hearing,

[redleg]

I have a hearing in the upper tribunal (Date TBC poss mid July) with the ICO ,regarding a FOI that was submitted regarding Council Tax.
Any advice ,help would be most appreciated.

[Fred]

Re: Help required for upper tribunal hearing,

I have a hearing in the upper tribunal (Date TBC poss mid July) with the ICO ,regarding a FOI that was submitted regarding Council Tax.
Any advice ,help would be most appreciated.

Were are you with the ICO on this have you received a decision notice ?

[redleg]

Re: Help required for upper tribunal hearing,

Fred,
Yes i have had a decision and i have appealed his decision, i have completed the paperwork and i am awaiting a tribunal date.

[Fred]

Re: Help required for upper tribunal hearing,

First Tier Tribunal, can you tell us what it is you are wanting/requesting ?

[Fred]

Re: Help required for upper tribunal hearing,

Perhaps have a look through some of the published tribunal data for a potentially comparative case ;

http://www.informationtribunal.gov.u...ch.aspx?Page=6

[redleg]

Re: Help required for upper tribunal hearing,

First Tier Tribunal, can you tell us what it is you are wanting/requesting ?

Yes np,
I have appealed the ICO decision regarding information supplied.
The council didn't have the information requested , so in the end they decided to fabricate the information just to appease the ICO they even went to another authority to obtain information.
The information now supplied is of no use and does not comply with the FOI, unfortunately now they have supplied this information the ICO is of the opinion that the local authority has now complied with the ACT.
Also the ICO has only picked out 1 section 10 breach and one section 17 breach, when there is clearly 7 section 10 breaches and 4 section 17 breaches.
As far as he is now concerned the council have complied with the act.

[Fred]

Re: Help required for upper tribunal hearing,

Does this involve a third party, as in a private company that you wish the authority to disclose information ( it holds) on ?

[redleg]

Re: Help required for upper tribunal hearing,

Does this involve a third party, as in a private company that you wish the authority to disclose information ( it holds) on ?

The information was requested from my local council.
It is legally obligated to hold the information i requested,
at first it refused to give me the information until the ICO became involved , only then did it fabricate the information 12 months after the request The ICO has determined that the local authority has complied with the Act now it has fabricated the information.
The crux of the case is the local authority has a legal obligation to hold the financial information requested, the fact that it didn't at the time, means that the local authority is guilty of breaching numerous acts of parliament .
Now all of a sudden the local authority have found the information requested (TBH a child could have done a more believable spreadsheet) and the ICO is saying the local authority has now complied with the Act.
What the ICO fails to realize is the local authority was correct at the time and it didn't hold the information requested (This means they have been acting unlawfully by charging customers for council tax court costs without been able to produce a breakdown of costs) .
When the ICO pushed the local authority regarding the information the council realized its error and fabricated the information nearly 12 months after the initial request.
The outcome would be for the ICO to determine that the authority didn't hold the information requested nor could it supply a breakdown of court costs, costs to run the council tax administration department or supply any type of budget to run the department.

[stevemLS]

Re: Help required for upper tribunal hearing,

You can post the Decision Notice, they are public documents (would be a little ironic if they weren't!)

[redleg]

Re: Help required for upper tribunal hearing,

Please see the direct link below

https://ico.org.uk/media/action-weve...s_50552078.pdf

[stevemLS]

Re: Help required for upper tribunal hearing,

So, what is your argument. You believe the authority is obliged to hold the information you requested, the ICO found otherwise?

Under which statute do you believe the council needs to hold the information?

[redleg]

Re: Help required for upper tribunal hearing,

You mean information like;

• The cost to run the administration of council tax?
• The cost to enforce & recover council tax?
• The cost for producing a council tax summons?
• The cost for obtaining a liability order?

Well is suppose this would be covered by the Department for communities and local government policy 2010 -2015
Sub-heading local council transparency and accountability also the council tax reforms.

Oh and there is this ;
R(National Association of Health Stores & Another v Department of Health)[2005] EWCA Civ 154 at [62

Would you like me to find anymore for you...?

[redleg]

Re: Help required for upper tribunal hearing,

Thanks for your help with this,
Not...!

[stevemLS]

Re: Help required for upper tribunal hearing,

You came on with a vague unparticularised request for help with the wrong tribunal.

You say that there was a "statutory obligation" to hold information and was asked to clarify where you believed that duty to arise.

You then quote guidance and a case (which was entirely unrelated) neither of which are statute (as had been pointed out by the ICO Decision, para 18) and start getting snippy with those trying to help you.

What do you expect of people freely giving of their time to try and help?

Good luck with your FTT hearing.

[Crazy council]

Re: Help required for upper tribunal hearing,

@redleg

the requirement to prove the costs charged are only the costs involved, is between the court and the council. You have the right argument, its just not the ICOS to deal with.

In effect, its just saying they dont hold the breakdown of the costs, the ICo can not agree that the 95 is fair, there has been a case published on here about these ( see [MENTION=8136]outlawlgo[/MENTION] ).

this was me asking them in 2010 https://www.whatdotheyknow.com/reque...outgoing-58279

as you will see as you read, they tried to say they did not hae te info, only because i knew how it was held, i got it.

If you want to see how they justifed the charges to the court ( they hae to each time they change it ) as for them documents in a FOI ( am just at this stage )