Henderson v Falkirk Council: SIC 18 Feb 2013

Historical maps and potentially contaminated land sites – Mr Henderson asked Falkirk Council (the Council) for copies of historical maps (request 1) and for information relating to potentially contaminated land sites (request 2) held on the Council’s database.
With respect to request 1, the Council argued that the information was otherwise accessible to Mr Henderson, but also that providing the information would, or would be likely to, substantially prejudice the interests of the person who provided it with the information. With respect to request 2, the Council refused to provide the information on the basis that it was incomplete.
During the investigation, the Council stated that it did not actually hold the information sought by Mr Henderson in request 2, but also argued that this request was manifestly unreasonable. However, towards the end of the investigation, the Council provided Mr Henderson with the information he had asked for.
The Commissioner found that the Council had failed to deal with Mr Henderson’s requests for information in accordance with the EIRs.

Citations:

[2013] ScotIC 020 – 2013

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 05 April 2022; Ref: scu.514780