Information Commissioner's Office

Cheshire East Council

15 July 2015, Local government (County council)

The complainant has requested information on information held relating to the potential for travellers and travelling showpeople accommodation in Cheshire East. The Commissioner’s decision is that Cheshire East Council was not correct to apply Regulation 12(4)(e) and 12(4)(d) to the information, The council was however correct to apply Regulation 12(4)(a) to other sections of the information. The Commissioner has also decided that the council did not comply with Regulation 5(2) as it did not provide the information which it did disclose within 20 working days.  The Commissioner requires the public authority to disclose copies of the three previous versions of the ‘Gypsy Traveller and Travelling Showpeople Site Identification Study’ to the complainants. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

EIR 5(2): Upheld EIR 12(4)(a): Not upheld EIR 12(4)(d): Upheld EIR 12(4)(e): Upheld