The complainant requested information from Ribble Valley Borough Council (‘the Council’) about land at Chapel Hill, Longridge, in Lancashire. After initially considering the request under the Freedom of Information Act 2000 (FOIA), the Council provided some information, but withheld the majority of the requested information under section 31(1)(g) of the FOIA – Prejudicial to law enforcement functions. After reconsidering the request under the EIR, the Council still considered the withheld information to be exempt from disclosure under regulation 12(5)(b) – Adversely affect the course of justice – and/or regulation 12(4)(e) – Internal communications. The Commissioner’s decision is that the exception at regulation 12(5)(b) is not engaged with respect to the information. With respect to the information which was additionally withheld under regulation 12(4)(e), the Commissioner finds that the exception is engaged, but that the balance of the public interest favours disclosure of the information. The Commissioner requires the Council to take the following step to ensure compliance with the legislation: Subject to the redaction of third party personal data, as described in this notice, disclose the information to the complainant.
EIR 12(4)(e): Complaint upheld EIR 12(5)(b): Complaint upheld
Citations:
[2021] UKICO IC-38404
Links:
Jurisdiction:
England and Wales
Information
Updated: 27 September 2022; Ref: scu.662891
