The complainant requested copies of any information, held on any investigation file, which related to the construction of his property. The Public Authority responded by claiming that, under section 44 of the Act, there is a statutory prohibition on disclosing any information it holds as a result of an investigation. The authority did not confirm or deny whether it held the relevant information. The Commissioner investigated the application of the exemption and is satisfied that the Authority is under a statutory duty not to disclose any information it holds as a result of investigations it has carried out. The Commissioner also considered whether any information the Authority may hold would fall within the scope of the Environmental Information Regulations. The Commissioner decided that if any information were held the Ombudsman would be exempted from disclosing this under regulation 12 (5) (d).
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld, EIR 12.5.d – Complaint Not upheld
Citations:
[2006] UKICO FER0065671
Links:
Jurisdiction:
England and Wales
Information
Updated: 24 March 2022; Ref: scu.533380