9 June 2014, Local government (District council)
The complainant has requested from Mole Valley District Council (‘the council’) information relating to the drafting and issuing of a press release. The Commissioner’s decision is that the council has incorrectly applied the exception where disclosure would adversely affect the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature at regulation 12(5)(b) of the EIR. He has also decided that the council correctly applied the exception for internal communications, except in relation to one document where the exception does not apply, but that the balance of the public interest test lies in disclosing the information. The Commissioner requires the public authority to disclose the requested information.
EIR 12(4)(e): Partly upheld EIR 12(5)(b): Upheld