The complainant has requested details about allotments and allotment associations held by the council. The council provided information in respect of allotments land which it managed itself but refused the request for information relating to other sites saying that it was not held. The information was held by the allotment associations itself and was available from them. It subsequently agreed with the Commissioner that the information was held on behalf of the council. The council also applied Regulation 12(4)(b) to some of the requested information on the basis that it had provided this to the complainants solicitors previously. The Commissioner’s decision is that the council was not correct to rely upon Regulation 12(4)(b), and that the information was held on behalf of the council by the allotment associations. He has also decided that the council did not provide the information within the time deadline required by Regulation 5(2). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To reconsider the request and respond to the complainant as required by Regulation 5, without relying upon the exception in Regulation 12(4)(b).
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld
Citations:
[2014] UKICO FS50511393
Links:
Jurisdiction:
England and Wales
Information
Updated: 25 May 2022; Ref: scu.527529
