London Borough of Lambeth (Local government) [2022] UKICO 98382 (30 June 2022)
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London Borough of Lambeth
The complainant has requested information about the Cressingham Gardens regeneration. London Borough of Lambeth (the Council) denied holding any information specific to the scope of the request. The Commissioner’s decision is that the Council has breached regulation 5(1) of the EIR due to its failure to obtain an objective reading of the request. The Commissioner, therefore, also finds that the Council has breached regulation 9 by not seeking clarification from the complainant and subsequently providing appropriate advice and assistance on the interpretation of the request. Further, the Commissioner’s decision is that, on the balance of probabilities, the Council is incorrect when it says that it holds no information within the scope of the request, therefore, regulation 12(4)(a) is not engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Issue a fresh response to the request, based on the interpretation set out in paragraph 43 of this decision notice. The Council should inform the complainant whether it holds any information within the scope of this interpretation of the request and, if it does, it should either disclose that information or issue a refusal notice that complies with regulation 14 of the EIR.
EIR 9:
Complaint upheld
EIR 12(4)(a):
Complaint upheld
EIR 5(1):
Complaint upheld
Decision notice: 98382
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URL: http://www.bailii.org/uk/cases/UKICO/2022/98382.html
