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You are here: BAILII >> Databases >> Information Commissioner's Office >> Walsall Council (Decision Notice) [2010] UKICO FER0279668 (15 July 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FER0279668.html
Cite as: [2010] UKICO FER0279668, [2010] UKICO FER279668
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Walsall Council (Decision Notice) [2010] UKICO FER0279668 (15 July 2010)
Summary: The complainant submitted a request to Walsall Council (-˜the Council-™) to inspect building control information. The complainant specified that he wished to view the records in person. The Council withheld the information under the exception at Regulation 12(5)(c), on the grounds that disclosure would be detrimental to the Council-™s intellectual property rights. The Commissioner-™s decision is that regulation 12(5)(c) is not engaged. During the course of the investigation, the Council decided to rely on the exception at regulation 12(4)(b) (manifestly unreasonable). The Commissioner has upheld this exception. The Council also breached regulation 14(2) by failing to provide a refusal notice within the statutory time for compliance, and regulation 14(3) by failing to cite an exception that it later relied upon in its refusal notice. The Council also breached regulation 9(1) by failing to offer the complainant appropriate advice and assistance. The Commissioner requires the Council to provide appropriate advice and assistance to the complainant about how he might refine his request so that it is no longer manifestly unreasonable. The Council must take these steps within 35 calendar days of this notice.
Section of Act/EIR & Finding: EIR 9 - Complaint Upheld, EIR 12.4.b - Complaint Not upheld, EIR 12.5.c - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld