15 July 2014, Local government (County council)
The complainant has requested from Hampshire County Council (the “Council”) information relating to Baughurst Footpath 10. The Council deemed the request as vexatious and manifestly unreasonable. It cited regulation 12(4)(b) of the Environmental Information Regulations (the “EIR”) and section 14 of the FOIA for its reasons to not comply with the request. The complainant also submitted two further requests to the Council that were not responded to. The Commissioner’s decision is that the Council correctly applied regulation 12(4)(b) of the EIR to all of these requests. However, the Commissioner has also decided that the Council did not comply with regulation 5 in that it did not issue any response, or refusal notice, to the requests of 12 and 25 January 2013. The Commissioner requires no steps to be taken.
EIR 5: Upheld EIR 12(4)(b): Not upheld