Summary: The complainant requested a copy of a complaint made by a third party and its associated correspondence from the Local Government Ombudsman. The council relied on sections 44 and 41 of the Freedom of Information Act 2000 and regulation 12(5)(d) of the Environmental Information Regulations 2004 to withhold the information. During the investigation, the Commissioner identified that it was appropriate to deal with the request under the Environmental Information Regulations 2004. The Commissioner found that the information held falls within the exception at regulation 12(5)(d) and that the public interest in maintaining the exception outweighs the public interest in disclosure. Information Tribunal appeal number EA/2011/0180 dismissed.
Section of Act/EIR & Finding: EIR 12.5.d - Complaint Not upheld