Dear [Name Removed],

I am writing in response to your request for information (ref FOI 8290).

This request for information has been refused under Section 14(1) of the Freedom of Information Act 2000 as it has been deemed vexatious.

Although the term vexatious is not defined by the legislation, I have taken this decision considering the themes as provided by the Upper Tribunal case of Information Commissioner v Devon CC and Dransfield [2012] UKUT 440 (ACC).

Stockport Council has received numerous requests for information from you since June 2011. On the whole, these requests have related to various building regulations and/or safety inspections primarily about Vale View Primary School in North Reddish.

On 10th April 2013 I provide you with a refusal notice explaining why the decision had been taken to refuse your (at the time) outstanding FOIA requests.

I also understand that since this refusal you have appealed to the ICO who has upheld our stance on this issue.

Although the FOIA provides a significant right to request information, this right is not overriding. More importantly, this right does not extend to providing a channel for unauthorised investigations into the legality of building constructions by members of the public.

To continue to attempt to use the Act in this way is considered to be vexatious in the sense of it being a manifestly unjustified, inappropriate or improper use of FOIA.

As this request appears to be continuing this theme Stockport Council has taken the decision to refuse this request for information under Section 14(1) of the FOIA.

As this request has been refused, there is no provision for an internal review to be conducted by the Council.

If you are unhappy with this response, you are entitled to complain to the Information Commissioner. To do so, contact:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

www.ico.gov.uk

01625 545 745

Yours sincerely,

Simon Oldfield
Freedom of Information/ Data Protection Officer & RIPA Coordinator
Stockport Council
Town Hall
Stockport
SK1 3XE

Tel: 0161 474 4048
Fax: 0161 474 4006
http://www.stockport.gov.uk

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