Having had some exeperience of FoI in a local Council, I suspect this incident actually illustrates the weakness in arrangements for handling FoI at operational level rather than the Council itself seeking to withold information. The person handling the request was probably a relatively low paid administrative member of staff who resented his or her new responsibility for handling FoI requests and was basically trying to get out of doing the work.

In the council I worked for, I’ve actually witnessed staff throw handwritten or typed FoI requests straight into the bin as a means of getting out doing the work. This is risky if it’s a journalist or solicitor making the request (i.e. people who will be getting paid to do the chasing) , but your average member of the public may not have enough time and in some cases the confidence to chase requests after they’ve been submitted.

For an organisation to truly committ itself to FoI it needs to ensure all operational managers are fully aware of their rsponsibilities. Sadly, FoI is often seen as no more than a bit of a nuisance and someone else’s responsibility.

It’s clear public authorities are not going to voluntarily release information requested, if they can easily avoid doing so by using qualified exemptions in sections 35 and 36.

Therefore unless the law makes it clear that they have to release the information for all FOI requests when no absolute exemption applies, then you will continue to get this problem with them.