Sunderland City Council (Local government) [2018] UKICO fer0687982 (12 February 2018)
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Sunderland City Council
The complainant has requested information about a development at Pier Point, Sunderland. Sunderland City Council (‘the Council’) released some information but withheld other information under regulation 12(4)(d) of the EIR as it said it was material still in the course of completion. On reconsideration, the Council revised its position, which is now that it does not hold the specific information requested. The Commissioner’s decision is that at the time of the request the Council: breached regulation 5(1) and 5(2) as it held information within the scope of the first element of the complainant’s request but has not released it to the complainant within 20 working days; is entitled to rely on regulation 12(4)(a) to refuse the second element of the complainant’s request as it did not hold this information; and breached regulation 14(2) because it did not refuse the second element of the request within 20 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Disclose the information it holds that is relevant to the first part of the complainant’s request or, if it is refusing to disclose this information, issue the complainant with a refusal notice that cites the exception on which it is relying.
EIR 12(4)(a):
Complaint not upheld
EIR 5:
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: fer0687982
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0687982.html
