21 July 2014, Local government (Borough council)
The complainant requested information associated with how the London Borough of Richmond-upon-Thames (‘LBRUT’) had handled his earlier request. LBRUT initially refused the later request on the basis that it considered it to be vexatious (section 14(1) of FOIA). Having carried out an internal review during the Commissioner’s investigation, LBRUT provided some information, but withheld the remainder on the basis that the request was manifestly unreasonable (regulation 12(4)(b) of the EIR). At the Commissioner’s request, LBRUT subsequently disclosed the remaining information, with minor redactions for personal information under section 40(2) which the complainant has not disputed. The Commissioner finds that by disclosing the previously withheld information, LBRUT has complied with the request. Although the Commissioner does not agree that the request should have been handled under the EIR, he does not require the public authority to take any remedial steps to ensure compliance with the legislation as all relevant information has now been provided. Information Tribunal appeal EA/2014/0192 dismissed.
EIR 2: Not upheld