P A DOBSON (Mrs) A COWEY (Mrs)

Town Clerk Deputy Clerk & Civic Officer

WHITBY TOWN COUNCIL

PANNETT PARK - WHITBY - YO21 1RE

TEL.(01947) 820227

FAX. (01947) 825691

E MAIL:

25th June 2010

MsCarel Caine

Dear Ms Caine

Request for Review of decision to treat applications FOI102901as vexatious under the Freedom of Information Act 2000

The Council has in place arrangements under which information will be provided to

Applicants who request information in writing from the Whitby Town Council pursuant to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 which came into force on 1 January 2005.

Under the arrangements the Council aims to provide the information sought within 20

working days, unless one of the grounds for declining to provide a response applies.

However, Section 14(1) of the Freedom of Information Act 2000, provides:

“Section 1(1) [of the FOIA] does not oblige a public authority to comply with a request for information if the request is vexatious”

The Information Commissioner has issued guidance upon when an applicant for information may be treated as vexatious .The criteria are stated to be as follows:

Can the request fairly be seen as obsessive?

Is the request harassing the authority or causing distress to staff?

Would complying with the request impose a significant burden in terms of expense

and distraction?

Is the request designed to cause disruption or annoyance?

Does the request lack any serious purpose or value?

On 24th February 2010 the Town Clerk determined to declare a request for information made by you to be vexatious as it was part of a series of linked requests by wording, format, date and subject as follows:

  1. The number and frequency of the requests being submitted to WhitbyTown Council has to be considered against the size and nature of the Council. WhitbyTown Council is a Parish Council with limited resources. The Council employ 1.5 full time staff. Dealing with the requests that you have submitted is placing a significant burden upon the Council and is distracting the Council from its business. Continuing to respond to your frequent requests can only be at the expense of all other residents of Whitby.
  2. It appears to me that your requests form part of a wider political campaign. The Free Whitby Movement website sets out the objectives of that campaign.

In respect of the requests I have concluded that the Information Commissioner’s guidelines apply and the following requests have been determined by me to be vexatious: FOI102901

By your submission dated 25th February you have appealed against that Decision. Your appeal was referred to the Councils Policy & Development Committee for review on 11th May 2010.

The Town Council have to balance your campaign against the consequent employment of

resources to respond to that campaign. Note in particular the comments

The number and frequency of the requests being submitted to WhitbyTown Council has to be considered against the size and nature of the Council. WhitbyTown Council is a Parish Council with limited resources. The Council employ 1.5 full time staff. Dealing with the requests that you have submitted is placing a significant burden upon the Council and is distracting the Council from its business. Continuing to respond to your frequent requests can only be at the expense of all other residents of Whitby.

Following a review of the Town Clerks decision the Council are satisfied that the linked applications for information under the FOIA are impacting significantly on Council resources and requests are regarded as vexatious in that they are:

  • complying with the request would impose a significant burden in terms of expense and distraction.
  • the request is designed to cause disruption and/or annoyance.

The Town Clerk’s decision is therefore upheld.

If you are not content with the outcome of the review, you may apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Tel: 01625 545745 Fax: 01625 524510 Web:

Yours sincerely

Mrs P A Dobson

Town Clerk