The complainant submitted a request to North Tyneside Council (‘the Council’) for information about Tynemouth Station. The public authority withheld this information under section 12 of the Act on the grounds that compliance would exceed the appropriate limit. During the course of the investigation, the Council accepted that some of the requests should have been considered under the EIR. It applied the exception at regulation 12(4)(b) to these requests. The Commissioner has investigated and found that the Council was not entitled to refuse the requests under section 12 of the Act or under regulation 12(4)(b) of the EIR. The Commissioner also finds that the Council has breached section 16(1) of the Act by failing to provide the complainant with sufficient advice and assistance. It has also breached regulation 14(3)(a) by failing to cite regulation 12(4)(b) in its refusal notice. The Commissioner requires the Council to reconsider the requests, and either disclose the requested information or issue a refusal notices compliant with section 17 of the Act or regulation 14 of the EIR.
Section of Act/EIR and Finding: FOI 12 – Complaint Upheld, FOI 16 – Complaint Upheld, EIR 12.4.b – Complaint Upheld, EIR 14 – Complaint Upheld
Citations:
[2011] UKICO FER0374474
Links:
Jurisdiction:
England and Wales
Information
Updated: 30 June 2022; Ref: scu.530875
