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You are here: BAILII >> Databases >> Information Commissioner's Office >> Chelmsford Borough Council (Decision Notice) [2012] UKICO FER0431596 (17 July 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FER0431596.html
Cite as: [2012] UKICO FER0431596, [2012] UKICO FER431596
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Chelmsford Borough Council (Decision Notice) [2012] UKICO FER0431596 (17 July 2012)
Summary: The complainant requested information concerning tree inspections and other maintenance works for three named parks in Chelmsford. Chelmsford Borough Council (CBC) provided information about its -˜Treewise-™ system where information of the type requested would be recorded and offered to arrange for the complainant to meet CBC on site in order to facilitate answering his request. The complainant did not accept this offer. CBC provided information at a later date to the complainant under the EIR in printed paper form. The complainant disputed that CBC answered his request in full and remained dissatisfied with the delay involved in his request and with the fact that it had been dealt with under the EIR. The Commissioner-™s decision is that CBC correctly handled the request under the remit of the EIR. CBC provided the information it held in relation to the complainant-™s request; however, it did so outside the statutory time scale laid down by the EIR and therefore breached regulation 5(2). CBC also failed to clarify part of the request with the complainant, breaching regulation 9(2)(a); it failed to provide the complainant with details of the completed internal review, breaching regulation 11(4); and failed to provide the complainant with a refusal notice for part of the information, breaching regulations 14(1), 14(2) and 14(3). CBC did comply with its obligation to offer advice and assistance under regulation 9(1). The Commissioner does not require CBC to take any remedial steps to ensure compliance with the legislation.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 9 - Complaint Not upheld, EIR 9 - Complaint Upheld, EIR 11 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld