Leeds City Council (Local Government): ICO 9 Oct 2019

The complainant has requested information relating to a particular building. Leeds City Council provided some information but refused the remainder of the request as manifestly unreasonable. The Commissioner’s decision is that the Council has failed to demonstrate, to her satisfaction, that the request would impose an unreasonable burden. She therefore finds that the Council is not entitled to rely on Regulation 12(4)(b) to refuse the request. The Commissioner also finds that the Council failed to disclose information within the scope of the request within 20 working days and failed to issue a refusal notice citing Regulation 12(4)(b) within 20 working days. She therefore finds that the Council breached Regulation 5(2) and 14(2) of the EIR. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: issue a fresh response to the request, under the EIR, which does not rely on the exception at Regulation 12(4)(b).
EIR 12(4)(b): Complaint upheld EIR 5(2): Complaint upheld EIR 14(2): Complaint upheld

Citations:

[2019] UKICO fs50829201

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 August 2022; Ref: scu.643485