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You are here: BAILII >> Databases >> Information Commissioner's Office >> Leeds City Council (Decision Notice) [2011] UKICO FER0354510 (19 December 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FER0354510.html
Cite as: [2011] UKICO FER0354510, [2011] UKICO FER354510
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Leeds City Council (Decision Notice) [2011] UKICO FER0354510 (19 December 2011)
Summary: The complainant submitted a request to Leeds City Council (-˜the council-™) for information from environmental records held on a property in Leeds. The complainant specified that he wished to view the records in person. The council stated that the requested information could only be accessed on the provision of a fee based on the property search regulations. The council argued that it was reasonable to make the requested information available in a format other than inspection under regulation 6(1)(a). It also applied the exception at regulation 12(5)(c) (-˜intellectual property-™) to the requested information. The Commissioner-™s decision is that the council breached regulations 5(1) and 5(2) as it failed to make the requested information available within the statutory time for compliance. Whilst the Commissioner concludes that the council was entitled to rely on regulation 6(1)(a) to make information available in a format other than inspection, he finds that the council has breached regulation 8(3) by levying an unreasonable charge for the provision of that information. The Commissioner also finds that the council was not entitled to rely on the exception at regulation 12(5)(c). The Commissioner requires the council to make the requested information available to the complainant in a format other than inspection. It is entitled to levy a charge only for the costs of disbursements incurred in complying with the request, provided that it has already published these charge in accordance with regulation 8(8). The public authority must take these steps within 35 calendar days of the date of this Decision Notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court. Information Tribunal appeal number EA/2012/0020 dismissed.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 6 - Complaint Not upheld, EIR 8 - Complaint Upheld, EIR 12.5.c - Complaint Upheld