London Borough of Islington (Local government) [2024] UKICO 253649 (30 January 2024)
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London Borough of Islington
The complainant submitted a 46 question request to the London Borough of Islington (‘the Council’) about the Low Traffic Neighbourhood Scheme. The Council provided some information but refused to provide the remainder on the grounds that it either did not hold the requested information (regulation 12(4)(a) of the EIR) or that it engaged regulation 12(4)(b) (manifestly unreasonable) of the EIR. During the course of the Commissioner’s investigation the Council amended its position and sought to rely entirely on regulation 12(4)(b) (manifestly unreasonable) of the EIR. The complainant challenged its reliance on that exception. The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(b) of the EIR to refuse the request. However, it breached regulation 9(1) of the EIR by not providing appropriate advice and assistance to the complainant to submit a refined request. The Commissioner has also concluded that the Council breached regulations 5(2) and 14(2) of the EIR by failing to respond to the request within 20 working days. The Commissioner has also found the Council in breach of regulation 11(4) as it failed in its duty to provide an internal review within 40 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. • Provide the complainant with appropriate advice and assistance on how she might narrow down/refine the request so that it would not engage regulation 12(4)(b), or explain why this would not be possible. The Council 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 the Act and may be dealt with as a contempt of court.
EIR 11(4):
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
EIR 9(1):
Complaint upheld
EIR 5(2):
Complaint upheld
Decision notice: 253649
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URL: http://www.bailii.org/uk/cases/UKICO/2024/253649.html
