The complainant requested information from Stockport Metropolitan Borough Council relating to the issue of redundant school land not meeting expectations in the current financial crisis. The Council refused to comply with the request on the grounds that it considered it to be vexatious under section 14 of the Freedom of Information Act 2000. However, the Information Commissioner found that some of the information requested would, if held, be environmental information and should have been considered under the Environmental Information Regulations. Upon investigation the Commissioner concluded that the Council had provided sufficient evidence for section 14(1) of the Act to be engaged and that it was not obliged to comply with the request as it was manifestly unreasonable under regulation 12(4)(b). However, the Commissioner also found that the Council breached section 10(1) and section 17(5) of the Act for not responsing within the statutory time limit and that by failing to deal with the request under the EIR the Council also breached regulation 14(2) and 14(3) but the Commissioner is not required to take any further steps in respect of this complaint.
Section of Act/EIR and Finding: FOI 14 – Complaint Not upheld, FOI 17 – Complaint Upheld, EIR 12.4.b – Complaint Not upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
[2009] UKICO FS50232537
Bailii
England and Wales
Information
Updated: 17 January 2022; Ref: scu.532360
