Stuart Lynch says...
If the individual you are dealing with is a serial complainer, she may be
the type to respond to a refusal by making a general subject access request.
There is nothing to prevent her doing this, and it would presumably be a lot
more onerous to respond to than her request for a copy of her tenancy record
(an "accessible record" under the Act). You would have to trawl through all
the Council's systems (Council Tax, Housing Benefit, Libraries, Social
Services, to name a few), all within 40 days. I take the opposite view to
Allan - I think complying with the current request could save future hassle.
Stuart,
A single general request is the least of it. A real pest can pick off each
department, or each service within each department one at a time with all
the hassle that entails. But then it becomes frivolous and a very good
argument for *always* charging a fee.
Lets face it, we've already complied with both the letter and the spirit of
the Act. If we take a stand and the individual complains to the
Commissioner, the Commissioner will make a decision whether we are right or
wrong. We will then be given the option to mend our ways if we get it wrong.
We are no worse off and we will have some concrete guidance to work to.
It's just a question of who raises their head above the parapet first.
Any volunteers?
Allan Yuill
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