South Tyneside Council (Local government) [2022] UKICO ic-109537 (22 February 2022)
BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
[New search]
[Printable PDF version]
[Help]
South Tyneside Council
The complainant requested information, including an enforcement file, relating to a specified planning application. South Tyneside Council (the ‘Council’) handled the request under the EIR and provided some information with redactions for personal information. It withheld the remainder citing Regulation 12(5)(b) (course of justice). Following its internal review, the Council revised its position; it now said that no enforcement file was held in accordance with Regulation 12(4)(a) and that all information in scope of the request had been provided. The complainant confirmed she was not concerned with the redacted personal information, so the Commissioner has not considered this aspect any further. The Commissioner’s decision is that the Council was correct to handle this request under the EIR. He also finds that, on the balance of probabilities, the Council does not hold any further information in scope of the request. However, the Council also breached Regulation 5(2) of the EIR by failing to provide information within 20 working days, and Regulation 11(4) as it failed to provide an internal review within 40 working days. The Commissioner does not require the Council to take any steps to ensure compliance with the legislation.
EIR 11(4):
Complaint upheld
EIR 12(4)(a):
Complaint not upheld
EIR 5(2):
Complaint upheld
Decision notice: ic-109537
BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback |
Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-109537.html
