The complainant made a number of requests to Fareham Borough Council (‘the Council’) between January 2005 and November 2008. The Council refused to respond to the complainant’s latest request citing section 14 of the Freedom of Information Act 2000. The Commissioner investigated and determined that the request should have been considered under the Environmental Information Regulations 2004 (EIR) and the Council subsequently applied regulation 12(4)(b). The Commissioner concluded that regulation 12(4)(b) was not engaged. The Commissioner requires the Council to confirm or deny whether the information is held and if held, either disclose this information to the complainant or issue the complainant with a valid refusal notice under regulation 14 of the EIR.
Section of Act/EIR and Finding: EIR 12.4.b – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
Citations:
[2010] UKICO FER0193385
Links:
Jurisdiction:
England and Wales
Information
Updated: 11 July 2022; Ref: scu.531235
