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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cheshire East Council (Decision Notice) [2010] UKICO FER0319300 (09 December 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FER0319300.html
Cite as: [2010] UKICO FER319300, [2010] UKICO FER0319300
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Cheshire East Council (Decision Notice) [2010] UKICO FER0319300 (09 December 2010)
Summary: The complainant submitted a request to Cheshire East Council (-˜the Council-™) to inspect the Local Land Charge Register (-˜the Register-™). The complainant specified that he wished to view the records in person. The Council initially agreed to provide the information requested but only on the provision of a set fee. During the course of the investigation, the Council applied the exception at regulation 12(4)(b) to the requested information. The Commissioner-™s decision is that the Council applied this exception correctly. However, the Commissioner finds that the Council has breached regulation 14(2) by failing to provide the complainant with a refusal notice within the statutory time for compliance, regulation 14(3)(a) by failing to cite the specific exception it relied upon in refusing a request, and regulation 14(3)(b) by failing to inform the complainant of any public interest considerations it took into account in applying the exception. It has also breached regulation 9(1) because it did not offer the complainant advice and assistance in accordance with the Code of Practice. The Commissioner requires the Council to offer advice and assistance to the complainant by informing him how he might narrow his request to information so that it would no longer be manifestly unreasonable. The public authority must take the steps required by this notice within 35 calendar days of the date of this notice.
Section of Act/EIR & Finding: EIR 9 - Complaint Upheld, EIR 12.4.b - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld