The complainant submitted a request to the London Borough of Hammersmith and Fulham (‘the Council’) for information relating to trees on a particular site. During the course of the investigation, the Council disclosed some information with some redactions under the exceptions at regulations 12(3) and 12(5)(e). The complainant believed that this exception was applied incorrectly and that the Council held more information that fell within the scope of her request. The Commissioner has investigated and concluded that the Council incorrectly applied the exceptions at regulations 12(3) and 12(5)(e). The Commissioner is not satisfied that the Council has disclosed all of the information that it holds within the scope of the complainant’s request. In addition, the Council has breached regulation 5(2) by failing to make information available within 20 working days, and regulation 11(4) by failing to communicate the outcome of its internal review to the complainant within the statutory time for compliance. The Commissioner requires the Council to disclose the withheld information to the complainant. The Council must take these steps within 35 calendar days.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 11 – Complaint Upheld, EIR 12 – Complaint Upheld, EIR 12.5.e – Complaint Upheld, EIR 13 – Complaint Upheld
Citations:
[2011] UKICO FER0359424
Links:
Jurisdiction:
England and Wales
Information
Updated: 16 June 2022; Ref: scu.530847