FOI request for the resignation Letters/Emails from Councillors and Officers of Council (Clerk)

Question

A member of the public has requested  on two occasions, one directly to a councillor and as an FOI request. That letters of resignations be given to him of multiple resigning councillors. Plus sent in a  FOI request for the resignation letter of an employee of council ie.  Clerk.

Am I right in that, the request to a councillor to supply copies of resignation letters is both outside the Scope of  the Freedom of Information act. Has no legal basis to comply with such a request.

The FOI  request  for the  resignation letter of an employee (Town Clerk) also does not come under the remit of the  Freedom of information Act, could be seen  as vexatious as well as have no legal basis to comply to the  FOI.

Answer 1

I believe this information is personal information and unless the data subjects agree to its release, section 40(2) of the Freedom of Information Act 2000 would be engaged as a result.

Comments

Additionally, the Information Commissioner has previously provided a decision notice in relation to a similar request:

https://ico.org.uk/media/action-weve-taken/decision-notices/2017/2014954/fs50671554.pdf

Answer 2

Hi Phil F,

You’re quite right in that this does not fit within the scope and could certainly be considered as vexatious.
However I would consider whether the request could be granted if certain (personal/sensitive) elements were redacted.
If you’re in any doubt then a simple call/email to the ICO will help you, but I think you’ve got it covered.

Comments

I disagree that the request could be considered as vexatious.  That judgement can only be made if we could see the actual wording of the FOI, if it could be demonstrated to have been deliberately phrased to cause anxiety or distress to somebody in the council, or if it was repeatedly submitted.