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You are here: BAILII >> Databases >> Information Commissioner's Office >> Northumberland County Council (Decision Notice) [2010] UKICO FER0317936 (23 November 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FER0317936.html
Cite as: [2010] UKICO FER0317936, [2010] UKICO FER317936
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Northumberland County Council (Decision Notice) [2010] UKICO FER0317936 (23 November 2010)
Summary: The complainant submitted a request to Northumberland County Council (-˜the Council-™) for information from environmental records held on a property in Northumberland. The complainant specified that he wished to view the records in person. The Council agreed to provide the information requested but only on the provision of a set fee. The Commissioner-™s decision is that the Council failed to comply with regulation 5(1) as it failed to make information available on request, and 5(2) as it failed to make information available within the statutory time for compliance. The Council also breached regulation 6(1) by failing to comply with the complainant-™s request to make the information available in a particular format, and regulation 6(2)(c) by failing to inform the complainant of the enforcement and appeal provisions of the Act when refusing to provide information in the requested format. In addition, the Council breached regulation 14(3)(a) by failing to cite the specific exception it relied upon in withholding information. It also breached regulation 14(5)(a) by failing to make the complainant aware of his right to seek an internal review, and regulation 14(5)(b) by failing to make the complainant aware of the provisions for appeal and enforcement under the Act. The Commissioner requires the Council to make the requested information available for the complainant to inspect within 35 days of this notice.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 6 - Complaint Upheld, EIR 6 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld