Cornwall County Council (Local government) [2018] UKICO fer0718761 (19 November 2018)
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Cornwall County Council
The complainant has requested information relating to a complaint made against a neighbour regarding planning contraventions. He considered that the council had not investigated the complaint properly previously, and following a complaint to the Local Government Ombudsman (the LGO) he was awarded compensation and the council was required to complete its investigations. The complainant's requests were essentially for information regarding the actions taken by the council subsequent to this. The council applied the exemptions in Regulation 12(4)(b) (manifestly unreasonable), Regulation 12(5)(d) (confidentiality of proceedings), Regulation 13 (personal data of a third party), Regulation 5(3) (personal data of the applicant for the information) and Regulation 12(5)(b) (course of justice). During the course of the Commissioner’s investigation however the council agreed to provide further information to the complainant and withdrew its reliance upon Regulation 12(5)(d). The Commissioner’s decision is that council was correct to apply Regulation 12(4)(b) to parts 1 to 3 of the request, that it was correct to apply Regulation 13 and 5(3) to personal data within the withheld information, and that it was also correct to apply Regulation 12(5)(b) to the information. She had decided however that as the council responded to one request outside of the 20 working days required by the Act that the council did not comply with the requirements of Regulation 5(2) for this information. The Commissioner does not require the council to take any steps.
EIR 12(4)(b):
Complaint not upheld
EIR 12(5)(b):
Complaint not upheld
EIR 13:
Complaint not upheld
Decision notice: fer0718761
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0718761.html
