Decision notice FS50689713

The complainant has requested information about action taken by Brighton and Hove Council as a result of the Supreme Court ruling regarding the ‘bedroom tax’. The Council initially withheld the information, relying on section 21 – information reasonably accessible by other means and section 22 – future publication, and later released the information intended for future publication. However, the complainant believed the Council held more information than was disclosed. The Commissioner’s decision is that Brighton and Hove Council did hold further information and therefore breached sections 1(1)(b) and 10 of the FOIA by initially failing to supply the information it held falling within the scope of the request, and failing to respond to the request within the statutory time for compliance. She also finds that the Council was not entitled to rely on section 21 as the information sought was not reasonably accessible by other means. As the Council has now provided all information held falling within the scope of the request, the Commissioner does not require it to take any steps to ensure compliance with the legislation.