Flintshire Council broke information law, watchdog rules

Flintshire County Council has been found to have acted unlawfully after failing to respond to two separate information requests submitted by a local councillor, according to rulings by the UK’s information watchdog.

The Information Commissioner’s Office (ICO) said the council breached both the Freedom of Information Act and the Environmental Information Regulations following complaints by Penyffordd councillor Alasdair Ibbotson, who represents Flintshire People’s Voice.

The first case, ruled on in February this year, concerned a request submitted in March 2024 about planning conditions and the removal of a hedgerow at a development site on Rhos Road South in Penyffordd. The ICO found the council failed to reply within the required 20 working days.

A second ruling, published on 15 May, related to a request sent in August 2024 seeking details of communications between cabinet members about holiday support for children receiving free school meals. The council did not provide a response until November, well outside the legal time limit.

In both instances, the ICO said the council had also failed to carry out internal reviews within the expected timeframe. Guidance recommends reviews should be completed within 20 working days, or 40 in complex cases.

The ICO has formally reminded Flintshire County Council of its legal responsibilities and said the failings will be recorded as part of its routine monitoring.

Cllr Ibbotson said this was the second time in six months that the ICO had upheld a complaint he made. “The ruling is clear – the council has broken the law, which is not acceptable. Freedom of Information, and similar laws for environmental information, are there for a reason, to ensure transparency and accountability,” he said.

“What’s worse is that, if I, as a councillor, cannot get information to which I am legally entitled from the council, what hope do ordinary residents have? The council’s leader should apologise to the people of Flintshire for these failures, and commit to ensure that they’re not repeated.”

Cllr Sam Swash, leader of Flintshire People’s Voice, also criticised the council’s handling of the requests. “Flintshire People’s Voice believes residents have every right to know where their money’s being spent, and how decisions about it are made. An FPV-run Flintshire would commit to radical transparency, improving dramatically on the current administration, who keep having the regulator tell them off for keeping information under wraps.”

Following the February ruling, Flintshire County Council has been given 30 calendar days to issue a full response to the planning-related request or risk further enforcement action, including possible proceedings in the High Court.

A Flintshire County Council spokesperson said: “The Council acknowledges the findings of the Information Commissioner’s Office (ICO) in relation to two requests for information made by a councillor.

“In the first case, the request was classified internally as a ‘need-to-know’ request due to the nature of the content and its wording, therefore it did not follow the Environmental Information Regulations (EIR) procedures. We accept this was a failure in the process and have taken steps to ensure future requests are correctly assessed and managed.

“The second case involved a complex matter requiring the review of substantial information. Throughout this process, the council remained in regular contact with the councillor to provide updates. Although the statutory deadline was exceeded by a few days, all relevant information was disclosed in full.

“Flintshire County Council takes its obligations under the Freedom of information Act and EIR seriously. A comprehensive training schedule is already being implemented to ensure all involved understand their legal obligations and responsibilities. The Council strives for the highest compliance rates as is committed to improving its procedures to ensure full transparency.”