The complainant has requested information about bike trails in Rowberrow Warren woodland. Forestry England, an Agency of the Forestry Commission, relied on regulation 6(1)(b) (form and format of information) in respect of two parts of the request because it considered this information was already accessible to the complainant. Forestry England relied on regulation 12(4)(a)(information not held) with regard to the remaining three parts of the request. The Commissioner’s decision is as follows: Forestry England is entitled to rely on regulation 6(1)(b) in respect of part 5 of the request as the relevant information it holds is easily accessible to the complainant in another form or format. Regulation 12(4)(a) of the EIR is engaged with respect to parts 1, 2, 3 and 4 of the request as the Commissioner finds that, on the balance of probabilities, Forestry England does not hold the requested information. The Commissioner does not require Forestry England to take any remedial steps. Information Tribunal appeal EA/2021/0237 under appeal.
EIR 12(4)(a): Complaint not upheld EIR 6: Complaint not upheld
Citations:
[2021] UKICO IC-70884
Links:
Jurisdiction:
England and Wales
Information
Updated: 10 November 2022; Ref: scu.669405