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You are here: BAILII >> Databases >> Information Commissioner's Office >> Hampshire County Council (Decision Notice) [2013] UKICO FER0475948 (17 September 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FER0475948.html
Cite as: [2013] UKICO FER0475948, [2013] UKICO FER475948
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Hampshire County Council (Decision Notice) [2013] UKICO FER0475948 (17 September 2013)
Summary: The complainant has requested environmental information from Hampshire County Council (the council) to enable it to answer the questions on the Con29R property search form. It asked for this in the format accessed by council searchers. The council refused to provide some of the information in the requested format relying on regulation 6(1)(b). It also stated that in the alternative the complainant was directed to the council-™s paid services to provide answers to the search questions. The Commissioner-™s decision is that the council was correct to say that regulation 6(1)(b) applied to questions 2a, 2c, 3.4, 3.5, 3.6, and 3.11. However, he finds that the council did not apply regulation 6(1)(b) appropriately in respect of questions 2b. The Commissioner also finds that the council has breached regulation 5(1) in failing to make all the requested information available on request and regulation 5(2) as it failed to make it available within the statutory time for compliance. Finally, the Commissioner finds that the council did not complete an internal review within the prescribed time frame and therefore breached regulation 11(4).The Commissioner requires the public authority to provide copies of the information which has not been disclosed and which the Commissioner finds is not otherwise publically available and reasonably accessible in another form or format, specifically the information required to answer question 2b and the appropriately redacted information in respect of question 3.7.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 6 - Complaint Not upheld, EIR 11 - Complaint Upheld