Regulators say the London Borough Council could be charged with contempt of court if it fails to address a critical data compliance issue.
The UK’s Information Commissioner’s Office (ICO) has issued a scathing reprimand to the Croydon Council for its “repeated and systematic” failure to comply with the Freedom of Information Act (FOI) law.
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After last year’s review, the ICO issued a “practice recommendation” to the council mandating improvements in its compliance posture, but the subsequent June 2023 evaluation showed further deterioration in performance, the ICO said.
In short, the city council has failed to meet the public’s right to information under the Act.
“People have a legal right to ask questions about Parliament’s actions and get immediate answers. They have failed their residents and we are now forcing them to do better,” argued Philip Angell, head of FOI casework at the ICO.
“Public institutions with low levels of public disclosure compliance may be subject to enforcement and recommendation implementation as part of the ICO’s efforts to promote openness, transparency and accountability.”
The ICO has now issued an Enforcement Notice to the Council, requiring all outstanding FOI requests that are more than 20 business days past the date of notice to be responded to within six months of the date of notice. Croydon Council will also be required to develop and publish an action plan within 35 days of the date of notification to address future FOI delays.
If the Council does not comply, the ICO may file a complaint with the High Court under section 54 of the FOI Act. Depending on the court’s decision, Croydon Council could be treated as if they had committed contempt of court.
However, the council avoided fines as the ICO is conducting new post-pandemic trials and regulators are taking a more conciliatory approach to misbehaving public sector organizations.
