Charity Commission
| Case Outcome | Complaint upheld FOI 10: Complaint upheld FOI 12: Complaint not upheld |
| Subject Matter | Local government |
| Court | Information Commissioner (UK) |
| Record Number | IC-83199-D8H8 |
| Date | 21 September 2021 |
| Respondent | Charity Commission |
Reference: IC-83199-D8H8
1
Date:
21 September 2021
Public Authority:
The Charity Commission
Address:
PO Box 211
Bootle
L20 7YX
Decision (including any steps ordered)
1. The complainant requested a list of fee-paying schools that had
charitable status. The Charity Commission originally stated that it did
not hold the requested information, but later relied on section 12 of the
FOIA (cost exceeds appropriate limit) to refuse the request.
2. The Commissioner’s decision is that the Charity Commission is entitled
to rely on section 12 of the FOIA to refuse the request. However, as the
Charity Commissioner did not issue its refusal notice within 20 working
days, it breached section 17 of the FOIA. As the Charity Commission
also failed to inform the complainant, within 20 working days, that it
held relevant information, it breached section 10 of the FOIA.
3. The Commissioner does not require any further steps.
Request and response
4. On 28 September 2020, the complainant requested information of the
following description:
“the list of private schools across the whole age range who gain
charitable status through schemes for public benefit and their
stated projects that qualify them for this tax concession.”
5. On 26 October 2020, the Charity Commission responded. It denied
holding the requested information. Whilst it accepted that it would hold
details of private schools with charitable status, the information was not
held in an easily-searchable format and therefore could not be provided.
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