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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cheshire East Council (Decision Notice) [2013] UKICO FS50490729 (30 October 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50490729.html
Cite as: [2013] UKICO FS50490729
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Cheshire East Council (Decision Notice) [2013] UKICO FS50490729 (30 October 2013)
Summary: The complainant made two requests for information on two separate dates. One being for the full list of all members of the Assets and Facilities Department and the other for a copy of the Strategic Land Availability Assessment and associated site maps for March 2011. Cheshire East Council (council) initially refused to respond to the requests stating that the aggregated cost of this and previous requests were in excess of 18 hours. Since the Commissioner-™s involvement, the council has changed its response and has now refused to respond to both requests under section 14(1) of FOIA, as they deemed them to be vexatious. The Commissioner considers that the second request should have been considered under the EIR. The Commissioner therefore considered the application of the equivalent exception under EIR, regulation 12(4)(b), which relates to manifestly unreasonable requests. The Commissioner-™s decision is that the council has correctly applied section 14(1) of the FOIA in this case, and that regulation 12(4)(b) of EIR is also engaged. The Commissioner requires no steps to be taken.
Section of Act/EIR & Finding: FOI 14 - Complaint Not upheld, EIR 12.4.b - Complaint Not upheld