The complainant has requested information on inspections and correspondence relating to a liability claim which he made against the council for damage to his property. The council initially withheld some information under Regulation 12(5)(d), but on review, it also applied Regulation 12(5)(b) and Regulation 12(4)(e). The complainant also considers that further information should be held by it. The Commissioner’s decision is that the council was not correct to apply Regulation 12(5)(d) to withhold the information. She has however decided that it was correct to apply Regulation 12(5)(b), and Regulation 12(4)(e). Further to this she has decided that the council has located and considered all of the information falling within the scope of the request, and that, on a balance of probabilities, no further information is held by it. She has however decided that it did not comply with the requirements of Regulation 5(2) in that it did not provide its response within 20 working days. The Commissioner does not require the council to take any steps.
EIR 12(5)(d): Complaint upheld EIR 12(4)(a): Complaint not upheld EIR 12(5)(b): Complaint not upheld EIR 12(4)(e): Complaint not upheld EIR 5(2): Complaint upheld
Citations:
[2021] UKICO ic-48292
Links:
Jurisdiction:
England and Wales
Information
Updated: 10 September 2022; Ref: scu.669278