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You are here: BAILII >> Databases >> Information Commissioner's Office >> Merton London Borough Council (Decision Notice) [2012] UKICO FER0435640 (29 November 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FER0435640.html
Cite as: [2012] UKICO FER0435640, [2012] UKICO FER435640
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Merton London Borough Council (Decision Notice) [2012] UKICO FER0435640 (29 November 2012)
Summary: The complainant requested information relating to the council-™s road and footpath renewal programme. After initially responding under the FOI Act the Commissioner issued a decision notice requiring the council to consider the request under the Regulations. Merton Council responded stating that section 12(4)(b) was applicable (that the request was manifestly unreasonable). It did provide some information in response to the request and stated that other information was not held. The complainant narrowed his request. The council then provided further information but maintained that some information was not held and that other information was exempt under Regulation 12(4)(b). The complainant argues that the council must hold further information which should be disclosed to him. The Commissioner-™s decision is that Merton Council was correct to apply Regulation 12(4)(b) in response to part 4 of the request. The council considered part 1 of the request to have been narrowed by the complainant when finding that no further information is held. The Commissioner-™s decision is that council was correct to consider that the complainant had narrowed his request. The Commissioner is satisfied that, other than for part 4 of the request, on a balance of probability the council does not hold further information falling within the scope of this request.
Section of Act/EIR & Finding: EIR 12.4.b - Complaint Not upheld