British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Forestry Commission England (Decision Notice) [2013] UKICO FER0450536 (22 January 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FER0450536.html
Cite as: [2013] UKICO FER0450536, [2013] UKICO FER450536
[New search] [Printable PDF version] [Help]
Forestry Commission England (Decision Notice) [2013] UKICO FER0450536 (22 January 2013)
Summary: The complainant made two requests for information relating to archaeological sites in the New Forest National Park which had been affected, or could in future be affected, by actual or planned projects of mire or stream restoration. The Forestry Commission England (FCE) refused the requests under regulations 12(4)(d) (unfinished records) and 12(4)(e) (internal communications) of the EIR respectively. During the course of the Commissioner-™s investigation the complainant agreed that he did not wish to pursue his complaint about the first request. The Commissioner has therefore considered whether the remaining information had been correctly withheld under regulation 12(4)(e) and, in respect of two emails, regulation 12(5)(f) (voluntary supply) which was only introduced by the FCE after the involvement of the Commissioner. The Commissioner-™s decision is that FCE was entitled to rely on regulation 12(4)(e) in order to withhold some, but not all, of the information to which the exception has been applied. In addition, the Commissioner has found that the FCE correctly cited regulation 12(5)(f) to refuse the disclosure of two emails. The Commissioner requires the public authority to disclose copies of all the emails and attachments which fall under categories c -“ d below and copies of the administrative emails specified in Annex A.
Section of Act/EIR & Finding: EIR 12.4.e - Complaint Partly Upheld, EIR 12.5.f - Complaint Not upheld