Information Commissioner's Office

Lake District National Park Authority

5 February 2008, Local government (District council)

The complainant requested information surrounding a query/complaint made to the public authority regarding scaffolding erected at their property. The authority refused to supply the information, later relying on sections 31 and 40 of the Act. Following the Commissioner’s intervention, the authority accepted that the Environmental Information Regulations 2004 were the correct access regime under which to consider the request and agreed to supply all the information requested save that information which constituted the personal information of the author(s) of the original query/complaint. The authority did not comply with regulation 14 as it issued an inadequate refusal notice. The Commissioner is satisfied that during the course of his investigation, the complainant was supplied with all the information to which they are entitled and therefore, does not require the authority to take any further action.

EIR 5: Upheld