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You are here: BAILII >> Databases >> Information Commissioner's Office >> English Heritage (Decision Notice) [2011] UKICO FER0224316 (08 February 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FER0224316.html
Cite as: [2011] UKICO FER0224316, [2011] UKICO FER224316
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English Heritage (Decision Notice) [2011] UKICO FER0224316 (08 February 2011)
Summary: The complainant made a request for information to English Heritage (-˜the public authority-™) that the Commissioner has divided into four parts. The Commissioner was referred three of those parts to investigate. The complainant explained that he believed that the information was environmental and that as he believes the information to be inaccurate, it should be rectified in accord with Regulation 5(4) of the EIR. The Commissioner has found that for one part the information was not environmental information and that all the relevant recorded information was provided. The public authority therefore complied with the Freedom of Information Act. For the remaining two parts, the public authority failed to process them before the Commissioner-™s intervention. The Commissioner has found that these parts were for information that was partly environmental and partly not. They therefore needed to be considered under both regimes. The Commissioner has determined that all the relevant recorded information that was held has now been provided, but the failure to process these parts of the request constituted a breach of sections 1(1)(b) and 10(1) of the Act and Regulations 5(1) and 5(2) of the EIR. In relation to the complaint about Regulation 5(4), the Commissioner has found that the EIR imposed no obligation on the public authority in this case. The Commissioner requires no remedial steps to be taken in this case. Information Tribunal appeal number EA/2011/0064 dismissed.
Section of Act/EIR & Finding: FOI 1 - Complaint Partly Upheld, FOI 10 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 5 - Complaint Not upheld