19 August 2014, Local government (Borough council)
The complainant requested information about a public road following her fall at a crossing. The London Borough of Newham (the ‘Council’) provided some of the information and withheld the remainder under section 12 and section 40(2) of the FOIA. The Commissioner’s decision is that the Council has, on the balance of probabilities, disclosed all the information it holds in relation to part (a) of the request and has correctly applied sections 12 and 40(2) of the FOIA to the remainder. He also finds that some of the information requested constitutes environmental information and therefore should have been considered under the Environmental Information Regulations 2004 (EIR). He does not require the Council to take any remedial steps to ensure compliance with the legislation.
FOI 12: Not upheld FOI 40: Not upheld