The complainant requested information from Birstall Parish Council, Leicestershire (‘the Parish Council’) about trees. The Parish Council provided some information, but stated that it did not hold any information about actions taken or work done. It also withheld information relating to a lease, under regulation 12(5)(b) of the EIR – adversely affect the course of justice – and/or regulation 12(4)(d) of the EIR – material in the course of completion. The Commissioner’s decision is that the Parish Council does not hold the information about actions taken and work done, and correctly withheld the information relating to a lease under regulation 12(5)(b). However, by failing to provide a response under the EIR within 20 working days, it breached regulation 5(2). The Commissioner does not require the Parish Council to take any steps.
EIR 12(4)(a): Complaint not upheld EIR 12(5)(b): Complaint not upheld EIR 5(2): Complaint upheld
Citations:
[2021] UKICO ic-61545
Links:
Jurisdiction:
England and Wales
Information
Updated: 20 December 2022; Ref: scu.675051