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You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Waltham Forest (Local government) [2025] UKICO 317971 (4 April 2025) URL: https://www.bailii.org/uk/cases/UKICO/2025/317971.html Cite as: [2025] UKICO 317971 |
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Link for IOC full Decision notice pdf file: London Borough of Waltham Forest (Local government) [2025] UKICO 317971 (4 April 2025)
The complainant requested, from the London Borough of Waltham Forest (the council), information about the cost of sending children to secure children's homes, over five years. The council originally provided average weekly costs, for the years in question. During the Commissioner's investigation, the council disclosed further information, namely total costs for each year. However, the council is withholding other information, under section 40(2) of FOIA (personal information), and has said that the last part of the request "could not be answered". The Commissioner's decision, based on the information available to him, is that the withheld -˜small numbers' (ie the number of children sent to secure children's homes in 2019-2020, 2020-2021 and 2023-2024) don't constitute personal data, so section 40(2) of FOIA isn't engaged for that information; he also finds that the council has breached section 16 (duty to provide advice and assistance) because the last part of the request was capable of more than one objective reading and the council failed to seek clarification from the complainant. He requires the council to take the following steps to ensure compliance with the legislation.
● For the years 2019-2020, 2020-2021 and 2023-2024, disclose the number of children sent to secure children's homes per year (based on the "source data" in -˜Appendix 1' of the council's correspondence of 5 February 2025).
● Seek clarification from the complainant regarding the last part of the request ("Please provide information to show variations in the costs per child as they varied according to the home they were sent to") and, once the complainant has provided clarification, issue a fresh response to that part of the request in accordance with the council's obligations under FOIA.
The council 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 FOIA and may be dealt with as a contempt of court.