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Two-year FOI battle over 'Donnygate' quiz ends in victory for the Star

The Sheffield Star has claimed victory in a two-year Freedom of Information battle with a local council.

Doncaster Council has been ordered to disclose details about excessive expense claims made by officers and councillors – after the Information Commissioner examined a rejected request for the information by the paper.

The newspaper approached the council for details about claims by officers and councillors dating back to the Donnygate saga during which the Audit Commissioner said council representatives had enjoyed a “jet set lifestyle” at ratepayers’ expense, leading to some people facing criminal prosecutions.

Many were ordered to pay back money they had overclaimed and others, who were not prosecuted, were asked to give back at least part of expenses claims which were considered to be excessive.

The Star made its original request within days of the new FOI Act coming into force in 2005, asking for the names of those who had since repaid money to the council, as well as details of the amounts each individual had repaid.

Doncaster Council refused outright and the newspaper approached the Information Commissioner to arbitrate.

After a two year battle, The Star claimed a victory over the council when the commissioner ordered that at least some of the information sought should be made public.

Editor Alan Powell said the paper was delighted with the outcome of the application as it showed newspapers could overcome a culture of secrecy and obstruction.

He said: “It is also encouraging that the Information Commissioner pulled no punches in criticising Doncaster Council for failing to assist us in the early stages of our application.

“This has been a long and, at times, frustrating chase for information which we believe the public has a right to know. This money was spent by their representatives supposedly on their behalf and it is unacceptable that someone should feel that the public should be kept in the dark over the details.

“One particularly infuriating aspect came when the council refused to disclose details of the repayments, claiming it would be an infringement of the Data Protection Act. We suspect that, as this case happened some years ago, some of those involved will be dead. How can the Act be applied to dead people?

“This is an area we will investigate further. Despite what Doncaster Council wishes, Donnygate is not dead.”

The decision notice from the commissioner can be seen here.

The council was also reprimanded for failing to fulfill its obligations under the Freedom of Information Act, which states that organisations have a duty to help a complainant narrow down their inquiry if it is felt to be too broad, which proved to be the case with that made by The Star.

In its ruling, the Information Commissioner said the council should reveal details of all repayments made as a result of criminal proceedings and that the authority should disclose the total amount repaid.

The council has 35 days to either respond to the application or to appeal.