Date: 10 June 2009

Ref: RFI/04294

Enquiries: Peter Swingler

E-Mail:[email address]

Mr James Martin

E-Mail: [FOI #10296 email]

Dear Mr Martin

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST - NOISE COMPLAINT STATISTICS - APPLICATION FOR INTERNAL REVIEW

I refer to the acknowledgement e-mail I sent to you dated 15 May 2009.

We have considered your appeal against the decision in relation to your request for access to information pursuant to the Freedom of Information Act 2000. We have also considered information from the Freedom of Information Records Office in Camden regarding the Council's initial response to your request.

Your appeal disputes the application of an exemption under Section 12 of the Freedom of Information Act, namely the costs of complying with your request exceed the appropriate limit.

Our decision is that your appeal is unsuccessful.

The Panel has reviewed the entirety of the information that you have requested. Although some of the information you request would not individually involve a cost element (as detailed within Mr Warby's letter dated 27 April 2009), the Panel agrees with him that extracting information from documents and files containing other information requested (including editing or redacting information) would involve a considerable amount of officer time. The Panel accepts the calculation of the equivalent of 30 hours to undertake that exercise. The cost arising would be £750.

The Panel accordingly agrees that your request is subject to Section 12 of the Freedom of Information Act and that the Council is not obliged to comply with your request as the estimated cost of complying with it would exceed the appropriate limit. The limit is that contained within the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, namely £450 based on a charge of £25 per hour.

The Panel also supports the decision not to supply you with the policy document. Under the terms of the Freedom of Information Act, if one task will take over 18 hours to complete, to respond to any other question would add to the time limit that is already over the 18 hours.

In accordance with the Freedom of Information Act 2000, this reply constitutes a Refusal Notice.

You may wish to narrow and resubmit your request so that it may fall within the “appropriate limit”, in which event the Panel advises that you should redirect any new request to Mr Warby.

If you are not satisfied with the manner in which your appeal was handled you should contact the Information Commissioner within two months of receiving this letter. The Information Commissioner will not consider complaints outside of this timeframe, except under exceptional circumstances. He can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Telephone:  01625 545 700
www.informationcommissioner.gov.uk

Yours sincerely

Peter Swingler

On behalf of the Internal Review Panel

FOI Act

LB of Camden

10/6/09

cc. Departmental FOI Officer

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