Information Commissioner's Office

Summary: The complainant made two requests to Exeter City Council on 20 December 2007 and 22 January 2008. The Council applied section 14(1) of the Freedom of Information Act (the -�Act-�) and refused to provide any of the requested information. During his investigation, the Commissioner determined that part of the requested information fell under the provisions of the Environmental Information Regulations 2004 (EIR). The Council subsequently applied regulation 12(4)(b) of the EIR to that information, and section 14(1) of the Act to the remainder. The Commissioner concluded that it was reasonable for the Council to apply section 14(1) of the Act. This Commissioner also concluded that the Council had correctly applied regulation 12(4)(b) of the EIR, and that the public interest in maintaining the exception outweighed the public interest in disclosing the information. The Commissioner found some procedural breaches in the way in which the Council handled the requests but requires no steps to be taken.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 14 - Complaint Not upheld, EIR 11 - Complaint Upheld, EIR 12.4.b - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld