Summary: The complainant requested any information held n the council-™s negotiations with a local charity over the lease of a playing field. He also specifically asked for copies of letters issued by a councillor on the working group negotiating on behalf of the council. The council stated that it did not hold any information. It also stated that the councillor-™s letters were his own private correspondence and therefore not available to the council or to the complainant under the Act. The Commissioner-™s decision is that the letters were private correspondence and that that council did not hold the information and therefore regulation 12(4)(a) applied. However the council does hold some information which the Commissioner considers is relevant to the request, and his decision is therefore that this should be considered for disclosure to the complainant. The Commissioner therefore considers that the council also breached regulation 5(1) in not informing the complainant that it held the information and Regulation 14(3) in not providing the complainant with a valid exception for withholding this information. Information Tribunal appeal EA/2010/0192 withdrawn.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 12.4.a - Complaint Not upheld, EIR 14 - Complaint Upheld