Further to your email dated 24 April, following up on your original FOI request dated 17 March 2017, we have sought to answer all of your questions but I wish to inform you that we will not be responding any further on this topic, as we now consider the request to be vexatious.
The ICO publishes a number of indicators to illustrate whether a request is considered vexatious. They include unreasonable persistence and repetition - where a requester is attempting to reopen an issue which has already been comprehensively addressed by the public authority, or otherwise subjected to some form of independent scrutiny. On the particular matter raised in this request we exchanged lengthy correspondence on the same subject back in 2015, and we have sought to respond to your numerous questions again on this occasion. By way of context we have responded to six FOI requests relating to taxi licensing, a series of complaints sent in scattergun fashion to officers and councillors and the eight requests below.
We understand that your request had serious purpose and value and carries a degree of public interest; however we have already answered a number of the most recent batch of questions and sought to provide clarification where possible. Under section 14(1) of the FOI Act, we do not have to comply with vexatious requests. Use of this exemption is designed to protect public authorities by allowing them to refuse any requests which have the potential to cause a disproportionate or unjustified level of disruption, irritation or distress. There is no public interest test before the use of this exemption.
The requests are imposing a significant burden in terms of expense and distraction and are affecting our ability to provide a service to other customers. In this case we now cannot see any merit in continuing to respond to follow up questions.
Please find below our replies to your requests, please note we are currently processing FOI 4145 Taxi policy pre-2011 and a response should follow shortly.
If you are unhappy with the way your enquiry has been dealt with, you may ask for an internal review by e-mailing
FOI@canterbury.gov.uk or by following the procedure set out on the council’s website. If you are dissatisfied after an internal review, you may appeal to the Information Commissioner, Wycliffe House, Water Lane, Wilmslow SK9 5AF.
Can they actually do this??