London Borough of Lambeth (Local government) [2024] UKICO 250577 (6 February 2024)
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London Borough of Lambeth
The complainant submitted a refined four-part request for information relating to the tenders for a project known as Roman Rise. London Borough of Lambeth (the Council) responded to each part in turn but refused to provide the information requested at part three citing regulation 12(4)(b) (manifestly unreasonable) of EIR. The Council subsequently amended its position citing regulation 12(5)(e) (Confidentiality of commercial or industrial information) to withhold part of the requested information and stating it did not hold some of the requested information. The Commissioner’s decision is that the Council was entitled to rely on regulation 12(5)(e) to withhold part of the information in scope of the request and that the public interest favours maintaining the exception. He further finds that, on the balance of probabilities, the Council has provided the information it holds in scope of the request subject to the exception above and therefore regulation 12(4)(a) is also applicable. However, the Council breached regulation 14 of the EIR by failing to issue its refusal notice within 20 working days and regulation 11 of the EIR by failing to complete its internal review within 40 working days. The Commissioner does not require the public authority to take any steps as a result of this decision.
EIR 12(4)(a):
Complaint not upheld
EIR 11:
Complaint upheld
EIR 14:
Complaint upheld
EIR 12(5)(e):
Complaint not upheld
Decision notice: 250577
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URL: http://www.bailii.org/uk/cases/UKICO/2024/250577.html
