Basildon District Council (Decision Notice): ICO 28 Feb 2011

The complainant requested information from Basildon District Council relating to the removal of specific traveller sites. The Council initially withheld the information using section 43 of the Freedom of Information Act 2000. At the internal review stage, it sought to withhold the information using the additional exemptions under section 31, 38 and 41. The Information Commissioner (‘the Commissioner’) investigated and decided that the request should have been handled under the Environmental Information Regulations 2004. As a result, the Council sought to withhold the information using the exceptions under regulations 12(4)(d), 12(5)(a), 12(5)(e) and 12(5)(f). The Commissioner decided that the Council had correctly withheld some information using regulation 12(5)(a). He considered the Council’s use of the other exceptions in relation to all the information that was not excepted under regulation 12(5)(a), however, he found that none of the other exceptions were engaged. He found breaches of regulation 5(1), 5(2), 14(2) and 14(3) of the EIR. He requires the disclosure of all the withheld information other than that found to be excepted under regulation 12(5)(a) within 35 days.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 12.4.d – Complaint Upheld, EIR 12.5.a – Complaint Not upheld, EIR 12.5.e – Complaint Upheld, EIR 12.5.f – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld

[2011] UKICO FER0321779
England and Wales


Updated: 27 January 2022; Ref: scu.530182