Hastings Borough Council (Local government) [2020] UKICO fer0831016 (1 April 2020)
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Hastings Borough Council
The complainant has requested certain information held relating to comments made by Hastings Borough Council (the council) in correspondence which it sent to the Local Government and Social Care Ombudsman. The council stated that it did not hold recorded information relevant to the first part of the complainant’s request. With regard to the second part of the request, the council confirmed that ‘related’ information was contained within a particular report which it had already provided to the complainant in a redacted format in response to a previous request. The council went on to advise that it maintained its position that the withheld information contained within the report was exempt from disclosure on the basis of regulation 12(5)(e) of the EIR. It is the Commissioner’s decision that the council does not, on the balance of probabilities, hold any recorded information that is relevant to the terms of the complainant’s request. However, the Commissioner has found that the council has breached regulation 14(2) of the EIR by failing to issue a refusal notice within 20 working days. In addition, the council has also breached regulation 11(4) by failing to provide its internal review response within the required 40 working days. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 11(4):
Complaint upheld
EIR 12(4)(a):
Complaint not upheld
EIR 14(2):
Complaint upheld
Decision notice: fer0831016
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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fer0831016.html
