Information Commissioner's Office

Coventry City Council

22 January 2007, Local government (City council)

The complainant requested copies of any emails sent by the policy officer to any of the planning officers at the council in respect of his client’s planning application. The council initially responded by stating that it did not hold any information falling within the scope of the request. Upon review the council then stated that the information was exempt under section 36 (effective conduct of public affairs), and section 22 (information intended for future publication) of the Freedom of Information Act 2000. When the complainant requested a further review of this decision the council responded stating that Regulation 12(4)(e) (internal communications) of the Environmental Information Regulations 2004 (‘the Regulations’) applied. During the course of the Commissioner's investigation the council wrote to the Commissioner and clarified that it had made a mistake in applying the exemptions and that it did not, in fact, hold any relevant information. After investigating this claim the Commissioner is satisfied that the council does not hold any information which falls within the scope of the request. The initial refusal letter to the complainant stated that no information was held, but it did not include all of the relevant information required by Regulation 14 of the Act. The Commissioner’s decision is therefore that the public authority did not comply with its obligations under Regulation 14.

EIR 14: Upheld