I am currently in the process of going to the Information Tribunal the case is wilson v ICO
The case involves Backwell Parish Council which you reported upon recently.
The publication scheme in force at the time did not have an exempted class for bank statements
I requested copies of the bank statements in order to establish a compensation amount paid to an unfairly dismissed clerk.
From the accounts and individual monthly receipts and payments ( all put in the public domain ) I have found out the value was close to 51,450 pounds from a precept of 96,000 pounds.
My beleif is that if an authority has a publication scheme then it itended to publish everything in the scheme. The ICO now seems to say that it is possible to include information in a publication scheme and then when a member of the public asks for a copy you can then say no on the basis of an exemption. Is this what parliament intended, is this open and transparent?
The latest model publication scheme ( effective from 1/1/09 includes the exemption phrases - unlike the one I sought information from. Yet the template issued to all authorities- ie the one you see on websites fails to mention exemptions could be applied.
I am also using the Waugh v ICO and Doncaster College reason for appeal. The Information Tribunal decision confirmed the previous ICO decision - however the ICO decision was in two parts: one dealing with the investigation in order to remove the chief executive and the second to release the amount of compensation paid. The ICO solicitor has mis read his own decision notice and I have only to show relevance between a executive position in Doncaster with that of the proper officer of a Parsih Council.
As i am representing myself could I ask you to look at my submission ?
ahim wrote (12/03/2010 09:39:49):A publication scheme simply sets out what general classes of information are made available. It does not have to include exemptions. The authority can still apply exemptions to specific information or documents.
Where an authority has a publication scheme without a class of information for exemptions what happens if you make a request which is refused because the authority now tries to apply an exemption.
Is a publication scheme sacrosanct ?
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