5G Freedom of Information appeal to the Information Commissioner’s Office. They’re now closing the case

Email received on 13th September:

———- Forwarded message ———
From: icocasework <icocasework@ico.org.uk>
Date: Fri, 13 Sept 2024, 16:16
Subject: ICO Case Reference: IC-323750-P2X4
To: Paul Cardin

13 September 2024 

Case Reference: IC-323750-P2X4 

Dear Paul Cardin

I write further to your complaint to the ICO about Blackburn with Darwen Borough Council (the council).

Following receipt of our letter of investigation, I understand that the council has sent you a revised response to part 5 of your information request of 14 July 2024.

I appreciate that you may still consider that some of the information provided by the council does not provide a direct answer to part 5 of your request. However, as you are aware, a public authority is only obliged to consider any recorded information held that is relevant to a request, and is therefore not required to create information in order to provide explanations or an answer to a request. 

Having considered part 5 of your request, and the council’s most recent response to you, I am currently of the view that, on the balance of probabilities, the council does not hold any other information that is likely to fall within the scope of part 5 of your request.

Given the above, I intend to close this case without taking any further action.

If you do not agree with my proposal to close this case, please can you contact me by Thursday 19 September 2024, setting out briefly the reasons why you would like the case to remain open. If I do not hear from you within this timeframe your case will remain closed, and no further action will be taken.

Yours sincerely

Suzanne McKay 
Senior Case Officer 
Information Commissioner’s Office


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