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You are here: BAILII >> Databases >> Information Commissioner's Office >> Portsmouth City Council (Decision Notice) [2010] UKICO FER0325144 (04 November 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FER0325144.html
Cite as: [2010] UKICO FER0325144, [2010] UKICO FER325144
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Portsmouth City Council (Decision Notice) [2010] UKICO FER0325144 (04 November 2010)
Summary: The complainant submitted a request to Portsmouth City Council (-˜the Council-™) for information from environmental records held on a property in Portsmouth. The Council stated that it would only provide a collated version of this information upon provision of a fee. During the course of the investigation, the Council also informed the Commissioner that it relied on the exception at regulation 12(4)(b), which applies to manifestly unreasonable requests. The Commissioner-™s decision is that Council failed to comply with regulation 5(1) of the EIR as it failed to make information available on request and regulation 5(2) as it failed to make it available within the statutory time for compliance. The Council has also breached regulation 6(1) by failing to comply with the complainant-™s request to make the information, in relation to CON29R enquiries, available in a particular format. It has breached regulation 6(2)(a) by failing to inform the complainant that it would not make the requested information available in the requested format, and regulation 6(2)(c) by failing to inform the complainant of the enforcement and appeal provisions of the EIR. The Commissioner finds that the Council applied the exception at regulation 12(4)(b) incorrectly. The Council has breached regulation 14(3)(a) by failing to cite the exception it relied upon in its response to the complainant, and regulation 14(3)(b) by failing to inform the complainant of the details of its public interest test in relation to the exception. The Council also breached regulation 14(5)(a) by failing to inform the complainant of his right to request an internal review under regulation 11, and regulation 14(5)(b) by failing to inform the applicant of the enforcement and appeal provisions applied by regulation 18. 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 6 - Complaint Upheld, EIR 12.4.b - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld