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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department of the Environment Northern Ireland (Decision Notice) [2011] UKICO FER0301357 (07 June 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FER0301357.html
Cite as: [2011] UKICO FER0301357, [2011] UKICO FER301357
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Department of the Environment Northern Ireland (Decision Notice) [2011] UKICO FER0301357 (07 June 2011)
Summary: The complainant requested information relating to a pollution incident. The Department of the Environment NI (-˜the Department-™) did not respond to the complainant-™s request until almost 9 months after receiving the original request. The Department then released some information to the complainant. The complainant informed the Commissioner that he believed that the Department held further information falling within the scope of his request. The Commissioner-™s decision is that the Department, on the balance of probabilities, does not hold any further information within the scope of the complainant-™s request which has not already been provided to the complainant. The Commissioner also finds that the Department failed to comply with regulation 5 (2) as it did not make the information it subsequently disclosed available within the statutory time for compliance. The Commissioner also finds that the Department has breached regulation 14 by not issuing a refusal notice in accordance with regulation 14 in respect of the information which it does not hold. The Commissioner requires no steps to be taken. Note -“ The complainant has requested that their details remain in the body of the published Decision Notice.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 14 - Complaint Upheld