Portsmouth City Council (Local government) [2022] UKICO 164945 (1 December 2022)
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Portsmouth City Council
The complainant has requested information from Portsmouth City Council (the council) regarding a number of site visits by the council’s enforcement officers to a named address. The council provided some information but withheld part of the information under section 40(2) of FOIA (personal information). The council later accepted that the information fell under the scope of the EIR and regulation 13(1). The Commissioner’s decision is that the council was correct in citing Regulation 13(1) of the EIR to the information it withheld. However, it breached regulation 5(2) of the EIR by providing information beyond the legislative timeframe. The council also breached regulations 14(2) and 14(3) of the EIR as it incorrectly issued its refusal under FOIA and not the EIR. The Commissioner does not require the council to take any further steps.
EIR 13(1):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 14(3):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: 164945
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URL: http://www.bailii.org/uk/cases/UKICO/2022/164945.html
