Homes & Communities Agency (Trading as Homes England) (Other) [2018] UKICO fer0724911 (9 October 2018)
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Homes & Communities Agency (Trading as Homes England)
The complainant requested information from the Homes & Communities Agency, now trading as Homes England (“Homes England”), relating to the calculation of the size of an endowment provided to Preston City Council under the terms of a Community Related Assets Agreement entered into by Homes England and Preston City Council in 2010. Homes England provided the complainant with some information, but withheld some detailed costings under regulation 12(5)(e) of the EIR, since it considered that disclosure would adversely affect the confidentiality of commercial information. The Commissioner’s decision is that Homes England correctly considered the request under the EIR. However, she has determined that the exception at regulation 12(5)(e) is not engaged in respect of the withheld information. In addition, Homes England breached regulations 5(2) and 14(2) of the EIR, since it failed to respond to the complainant within 20 working days. The Commissioner requires Homes England to take the following step to ensure compliance with the legislation: Disclose the withheld information to the complainant.
EIR 5(2):
Complaint upheld
EIR 12(5)(e):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: fer0724911
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0724911.html
