Redcar and Cleveland Borough Council (Local government) [2022] UKICO 153810 (17 November 2022)
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Redcar and Cleveland Borough Council
The complainant has made two requests for information held by Redcar and Cleveland Borough Council (the council) about the legal status of a particular piece of land, and associated matters. The Commissioner is satisfied that the council does not hold information relevant to Request 1, and therefore regulation 12(4)(a) of the EIR is engaged. The Commissioner has also decided that regulation 12(4)(a) of the EIR can be applied to part of Request 2, as some of the requested information is not held. The Commissioner is also satisfied that, on the balance of probabilities, the council has provided all the information that it does hold that is relevant to Request 2. As the council failed to issue a refusal notice within 20 working days in respect of Request 1, and part of Request 2, within the required statutory time period, the Commissioner has found a breach of Regulation 14(2) of the EIR. The Commissioner has also found a breach of regulation 5(2) of the EIR in respect of Request 2, as the council failed to supply all the information that it held within the required statutory time period. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 12(4)(a):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: 153810
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URL: http://www.bailii.org/uk/cases/UKICO/2022/153810.html
