The complainant requested information relating to written authority for a named individual to maintain and prune certain trees. Somerset County Council (the ‘Council’) refused to confirm or deny whether the requested information was held on the cost of compliance grounds (section 12(2) of FOIA). At the internal review stage, the Council revised its position citing section 40(2) – the exemption for personal information. During the course of the Commissioner’s investigation, the Council reconsidered its position and again cited section 12(2) of FOIA. The Commissioner’s decision is that the requested information is environmental as defined by the EIR. There is no equivalent ‘neither confirm nor deny’ provision within the EIR regulations. However, the Commissioner has determined that the Council was entitled to refuse the request by virtue of the exception in Regulation 12(4)(b) – manifestly unreasonable, for the reasons set out in this notice. The Commissioner does not require the Council to take any steps as a result of this notice.
EIR 12(4)(b): Complaint not upheld FOI 12: Complaint upheld
Citations:
[2022] UKICO ic-101613
Links:
Jurisdiction:
England and Wales
Information
Updated: 13 November 2022; Ref: scu.674830