Information Commissioner's Office

Summary: The complainant made a number of requests to Wiltshire County Council between 4 May 2008 and 26 May 2008. The Council refused to provide any information requested, citing section 14(1) of the Freedom of Information Act (the -�Act-�). The Council subsequently applied regulation 12(4)(b) of the EIR in respect of three of these requests, and section 14(1) of the Act in respect of the remainder. The Commissioner concluded that it was reasonable for the Council to apply section 14(1) of the Act. The Commissioner also concluded that the Council had correctly applied regulation 12(4)(b) of the EIR, and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. However, the Commissioner found that the Council breached section 17(7) of the Act as it failed to issue a notice containing particulars of the Council-�s complaints procedure. The Commissioner also found that the Council breached regulation 11 of the EIR for failing to conduct a proper reconsideration, and regulation 14 of the EIR for not issuing a refusal under EIR during its handling of three of the requests.
Section of Act/EIR & Finding: EIR 11 - Complaint Upheld, EIR 12.4.b - Complaint Not upheld, EIR 14 - Complaint Partly Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, FOI 17 - Complaint Upheld