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You are here: BAILII >> Databases >> Information Commissioner's Office >> South Kesteven District Council (Decision Notice) [2013] UKICO FER0492320 (16 October 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FER0492320.html
Cite as: [2013] UKICO FER0492320, [2013] UKICO FER492320
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South Kesteven District Council (Decision Notice) [2013] UKICO FER0492320 (16 October 2013)
Summary: The complainant has requested information relating to a proposed skate park at Stamford Recreation Ground. South Kesteven District Council refused the request, citing the exceptions for internal communications, personal data and adverse effect to the course of justice. The Commissioner-™s decision is that, in its handling of the request, South Kesteven District Council: failed to provide advice and assistance and breached regulation 9(1) of the EIR; correctly applied regulation 12(5)(b) to withhold information; failed to demonstrate that some of the information engaged the exception at regulation 12(4)(e) and, in relation to information engaging the exception, failed to show that the public interest supported maintaining the exception; correctly applied regulation 13(1) to withhold some of the requested information but that the legitimate interests of the public favours disclosing some of the withheld information. The Commissioner requires the public authority to: disclose the information withheld under the exception for internal communications; disclose correspondence between council officers, external noise consultants, elected members and members of Stamford Town council, withheld under the exception for personal data. The council should ensure that any personal email addresses are redacted. The council should also contact the complainant and provide advice and assistance in relation to the additional relevant information identified by the council which predates the date of the request.
Section of Act/EIR & Finding: EIR 9 - Complaint Upheld, EIR 12.4.e - Complaint Upheld, EIR 12.5.b - Complaint Not upheld, EIR 13 - Complaint Upheld