The complainant has requested: ‘Any and all documents, internal and external, relating to the reconstruction of West Hendon Broadway’. The London Borough of Barnet disclosed some information, withheld other information under regulation 12(5)(b) and stated no further information was held. The Commissioner has decided that the London Borough of Barnet has correctly applied Regulation 12(5)(b) to the information it has withheld on the grounds that disclosure would adversely affect the course of justice. He also finds that the London Borough of Barnet has breached Regulation 5(2) of the EIR but does not require it to take any steps in relation to this breach. The Commissioner has also decided that the London Borough of Barnet has failed to satisfy him, based on a balance of probabilities, that it has disclosed all the recorded information it holds falling within the scope of the complainant’s request. The Commissioner therefore requires London Borough of Barnet to carry out further searches and enquiries (including contacting its Corporate Governance Department) to see whether it holds any additional recorded information falling within the scope of the complainant’s request with particular reference to information relating to its legal action against Veolia Water and Virgin Media for the reconstruction of West Hendon Broadway. If further recorded information is found this should be disclosed to the complainant or a refusal notice issued.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 12.5.b – Complaint Not upheld
Citations:
[2012] UKICO FER0417504
Links:
Jurisdiction:
England and Wales
Information
Updated: 22 May 2022; Ref: scu.529598