The complainant requested internal correspondence within North Somerset Council (the Council) relating to licences for outdoor eating and drinking. The Council disclosed some information but withheld the remainder and cited the following exceptions from the EIR: Regulation 12(3) (personal information), Regulation 12(5)(b) (adverse effect to the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature), Regulation 12(4)(e) (internal communications). The Commissioner’s decision is that the Council cited regulation 12(3) correctly and regulation 12(5)(b) correctly in relation to some of the information withheld under that exception. However, in relation to the remainder of the information for which 12(5)(b) was cited, and all the information in relation to which regulation 12(4)(e) was cited, the Commissioner finds that these exceptions were cited incorrectly. The Commissioner requires the public authority to disclose the information specified in the schedule provided with this notice to the Council in relation to which regulation 12(5)(b) was cited, and all of the information in relation to which regulation 12(4)(e) was cited.
Section of Act/EIR and Finding: EIR 12 3 – Complaint Not upheld, EIR 12.4.e – Complaint Upheld, EIR 12.5.b – Complaint Partly Upheld
Citations:
[2013] UKICO FER0496878
Links:
Jurisdiction:
England and Wales
Information
Updated: 10 July 2022; Ref: scu.528912
