London Borough of Ealing Council (Local government) [2023] UKICO 168332 (24 May 2023)
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London Borough of Ealing Council
The complainant has requested detailed information related to the Discount Market Sale affordable housing from the London Borough of Ealing Council (LBEC). The Commissioner’s decision is that LBEC was correct to rely on Regulation 13(1) to withhold third party personal data. The Commissioner has found that LBEC was in breach of the regulation 5(2) as they failed to respond to the information request within the required time of 20 working days. The Commissioner does not require LBEC to take any steps in relation to this breach. The Commissioner has also found LBEC in breach of regulation 11(4) as it failed in its duty to provide reconsideration or internal review within 40 working days after receipt of the representations. The Commissioner is aware that LBEC, at the Commissioner’s request, has now provided their internal review to the complainant. Therefore the Commissioner does not require LBEC to take any further steps in relation to this breach. Finally, The Commissioner’s decision is that LBEC was also entitled to refuse to comply with the request in accordance with regulation 12(4)(b) of the EIR. However, the Commissioner has found LBEC in breach of regulation 9(1) as it failed in its duty to provide advice and assistance to the complainant, at the time of the request, to help him to refine his request in relation to specific information he sought. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. • Provide the complainant with appropriate advice and assistance on how to narrow down/refine the request, if possible. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
EIR 13(1):
Complaint not upheld
EIR 11(4):
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
EIR 9(1):
Complaint upheld
EIR 5(2):
Complaint upheld
Decision notice: 168332
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URL: http://www.bailii.org/uk/cases/UKICO/2023/168332.html
