Cheshire West and Chester Council in freedom of information squabble

Feb 17 2011 Chester Chronicle

CHESHIRE West and Chester Council has banned an ex-employee from making a Freedom of Information (FOI) request to the local authority.

But the Information Commissioner’s Office, which upholds information rights, says the condition would ‘not hold water’ under the FOI Act.

Campaigners are already upset by the council’s policy of refusing to answer or, alternatively, charging for FOI requests costing more than £450.

Ironically, it was in response to an FOI request the council revealed an ex-employee had signed a compromise agreement drawn up by its legal team waiving his right to approach the council with an FOI or Data Protection Act request.

Information Commissioner’s Office spokesman Greg Jones said: “The only way legislation doesn’t apply is when there is an exemption. There is no way you can sign yourself out of both pieces of legislation.”

He said the council may also be in contravention of the Human Rights Act.

Blogger David Higgerson wrote: “It appears that Cheshire West and Chester Council is the authority which likes to say: Shhhhhhh.”

Council spokesman Ian Callister said: “I am assured by our senior solicitor that ourŠ compromise ŠagreementŠ with ourŠ ex-employeeŠis entirelyŠ lawfulŠ and wasŠ agreed by thatŠ person’sŠ legal representatives.

“I am preventedŠ fromŠ commentingŠ furtherŠ about this issue becauseŠ that in itself wouldŠ breach the agreement.”

Since last April the council has received 18 requests costing more than £450 but 11 applicants received information after narrowing their enquiry.

The council will occasionally consider an FOI request upon payment of £25 per hour, from the start, if the £450 limit is exceeded.