The complainant requested all email communication to or from the Chief Executive of Knowsley Metropolitan Borough Council that mentions Everton in May and June 2008. Some relevant information was disclosed however the Council withheld one email using the exemption under section 36 of the Freedom of Information Act 2000. The Information Commissioner investigated and decided that the Council should have applied the Environmental Information Regulations 2004. The Council refused to accept that the EIR applied but stated that if it was wrong about this, it would in the alternative seek to rely on regulation 12(5)(e) of the EIR. However, the Commissioner did not consider that the Council provided sufficient information to justify its reliance on this exception and he has therefore ordered the Council to disclose the email within 35 days. The Commissioner finds that the Council breached regulation 5(1), 5(2), 14(2) and 14(3) of the EIR.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 12.5.e – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
[2011] UKICO FER0313870
Bailii
England and Wales
Information
Updated: 23 December 2021; Ref: scu.530160