London Borough of Bromley (Local government) [2022] UKICO ic-49042 (18 March 2022)
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London Borough of Bromley
The complainant submitted a multi-part request to London Borough of Bromley (the Council) seeking information about proposals to demolish Beckenham Library. The Council provided some information it considered to fall within the scope of the request but sought to withhold further information on the basis of regulation 12(4)(e) (internal communications) of the EIR. The complainant challenged the Council’s reliance on that exception and argued that it was likely to hold further information that would answer his request. The Commissioner has concluded that on the balance of probabilities the Council does not hold any further information falling within the scope of the request other than that which is has disclosed or is seeking to withhold. In relation to the latter information, the Commissioner is satisfied that this is exempt from disclosure on the basis of regulation 12(4)(e) of the EIR and that in all of the circumstances of the case the public interest favours maintaining the exception. However, given its delays in handling the request the Commissioner has found that the Council breached regulations 5(2) (duty to make information available) and 14(2) (refusal notices) of the EIR.
EIR 12(4)(a):
Complaint not upheld
EIR 12(4)(e):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: ic-49042
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-49042.html
