The complainant submitted a request to Christchurch Borough Council for information from environmental records held on a property in Christchurch. The complainant specified that he wished to view the records in person. The Council agreed to provide information relevant to the request upon provision of a fee but refused to comply with the request to inspect information. The Commissioner’s decision is that the Council failed to comply with regulation 5(1) as it failed to make information available on request, and 5(2) as it failed to make it available within the statutory time for compliance. The Council breached regulation 6(1) by failing to comply with the complainant’s request to make information available in a particular format. In addition, the Council breached regulation 6(2)(c) by failing to inform the complainant of his right to seek an internal review, and of the enforcement and appeal provisions of the Act applied by regulation 18, when refusing to provide information in a specific format. The Commissioner requires the Council to make the requested information available for the complainant to inspect within 35 days of this notice. Information Tribunal appeal EA/2010/0198 withdrawn.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 6 – Complaint Upheld, EIR 6 – Complaint Upheld
Citations:
[2010] UKICO FER0346853
Links:
Jurisdiction:
England and Wales
Information
Updated: 29 March 2022; Ref: scu.531760