The complainant has requested consultation responses received by the council regarding its Cheltenham Transport Plan Phase 4 – Boots Corner. The council refused the request on the basis that section 22(1) of the Freedom of information Act applied. It continued to rely upon this after its review. During the course of the Commissioner’s investigation however it applied Regulation 12(4)(d) (unfinished or incomplete information) to withhold the information. The Commissioner’s decision is that the council was not correct to apply Regulation 12(4)(d) to withhold the information from disclosure. She has also decided that the council failed to comply with the requirements of Regulation 14(2). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To issue a fresh response to the complaint under the EIR, without relying upon Regulation 12(4)(d) to withhold the information.
EIR 12(4)(d): Complaint upheld EIR 14(2): Complaint upheld
Citations:
[2019] UKICO fs50836564
Links:
Jurisdiction:
England and Wales
Information
Updated: 13 August 2022; Ref: scu.650233
