Summary: The complainant requested information from West North West Homes Leeds (WNWHL) for varied information with regards to damage caused to his roof tiles. The information requested was refused under section 14(1) of the FOIA as vexatious. During the Commissioner-™s investigation in this case WNWHL became part of Leeds City Council (the council) within the Environment and Housing Directorate. The council provided the Commissioner with its submissions for the application of section 14(1) of the FOIA. It also considered that regulation 12(4)(b) of the EIR was engaged (manifestly unreasonable). Therefore the Commissioner has considered whether the council is correct to rely on section 14(1) of the FOIA and 12(4)(b) of the EIR. The Commissioner-™s decision is that the council has breached regulation 14(5)(a) or the EIR by not advising the complainant of his right to request an internal review under regulation 11 of the EIR for environmental information requests. He does not require any steps to be taken in this case, but the council should ensure there is no repetition of this breach. The Commissioner has gone on to determine that the council are correct to rely on section 14(1) of the FOIA and that regulation 12(4)(b) of the EIR is also engaged. The Commissioner requires no steps to be taken.
Section of Act/EIR & Finding: EIR 12.4.b - Complaint Not upheld, EIR 14 - Complaint Upheld, FOI 14 - Complaint Not upheld