Can a Freedom of Information request by a councillor be denied?

Question

I am doing some research which necessitates having copies of previous minutes for May 2012 and May 2013. Having requested the information, the Clerk is suggesting that it would be common courtesy to let the Council know why they are needed and to seek their approval before releasing them to me.

Your advice would be greatly appreciated!

Answer 1

That sounds totally wrong. There are two strong reasons for it being wrong, and it should not need a freedom of information request or any approval from the council.

One reason is that any citizen is entitled to inspect the council's minutes, and take copies if they wish. Usually councillors are citizens and therefore entitled to take advantage of this right.

Even if they were not and the right did not exist, councillors have a right under common law to access council documents needed to do their job. There is no doubt that past minutes would come under this heading.

Thus a councillor has every right to refer to past minutes and does not need anyone's approval.