The complainants have requested various information in relation to a cemetery wall that borders the complainant’s property. The request was refused by Ilminster Town Council (council) under section 12 of the Freedom of Information Act 2000 (FOIA). However the Commissioner considered the requested information to be environmental information and should have been refused under regulation 12(4)(b) of the EIR. The Commissioner’s decision is that regulation 12(4)(b) is engaged to the request and therefore the council were correct to refuse to supply the information. The Commissioner has also found that the council has breached regulation 5(2) of the EIR by not providing its response to the complainants within 20 working days and has breached regulation 9(1) by not providing appropriate advice and assistance. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide the complainants with appropriate advice and assistance with regard to the electronic information that can be provided to enable them to make appropriate refined requests if necessary. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 9 – Complaint Upheld, EIR 12.4.b – Complaint Not upheld
Citations:
[2013] UKICO FER0482270
Links:
Jurisdiction:
England and Wales
Information
Updated: 04 May 2022; Ref: scu.528579
