[2024] UKUT 290 (AAC)

On 20 June 2022, in exercise of his rights under section 1 of the Freedom of Information Act 2000 (“FOIA”), Mr Puchooa made a request to his local authority for certain information concerning the investigation into his complaints about ASB, the names of the officers who concluded that there was no ASB, whether those persons were PCSOs or ASB officers, how they reached the conclusion that there was no ASB, and how they reached the conclusion that Mr Puchooa was himself an “instigator” of tension in the area (the “Request”). The local authority responded to say that there were no ASB officers investigating his complaint other than the one with whom he had his initial dealings, and to the extent that information was held by the local authority it was exempt under Section 40(1) FOIA. Mr Puchooa was dissatisfied with the local authority’s response. After the local authority’s internal review concluded that the response was factually correct and was confirmed, he made a complaint to the Information Commissioner pursuant to section 50 FOIA in relation to the local authority’s handling of his Request. The main thrust of his complaint was that he believed that the local authority did hold information falling within the Request, because what he was being told was wholly inconsistent with previous communications with the council.