Information Commissioner's Office

Lincolnshire County Council

5 March 2015, Local government (County council)

The complainant requested various types of information in relation to a school building such as its design, works carried out, the impact as a result of a tidal surge and discussions between the school and Lincolnshire County Council (the council). The council refused part of the request under regulation 12(5)(b) of the EIR, part under section 21 of the FOIA and regulation 6 of the EIR, it advised it did not hold some of the information and applied regulation 12(4)(b) of the EIR to the remaining information as it considered that to provide the remaining information would be manifestly unreasonable. Following an internal review, the council withdrew its reliance of regulation 12(4)(b) and instead applied regulation 12(5)(b) of the EIR to this part of the request. The council also provided a small amount of information but redacted third party details under regulation 13 of the EIR. During the Commissioner’s investigations the council also sought to rely on regulation 12(5)(d) of the EIR for the information withheld under regulation 12(5)(b). It also no longer relied on regulation 21 of the FOIA or regulation 6 of the EIR, advising it did not actually hold the information. The complainant was not satisfied that the council had withheld the information it had under regulation 12(5)(b) and (d) of the EIR, nor that it stated it did not hold any of the other requested information. The Commissioner’s decision is that the council correctly relied on regulation 12(5)(b) of the EIR and that, on the balance of probabilities, no further information is held by it. As the Commissioner found that regulation 12(5)(b) was engaged, he did not go on to consider regulation 12(5)(d) of the EIR. The Commissioner does not require the council to take any steps.

EIR 12(5)(b): Not upheld