Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Maidstone Borough Council (Local government (Borough council)) [2015] UKICO FER0589226 (25 November 2015)
URL: http://www.bailii.org/uk/cases/UKICO/2015/FER0589226.html
Cite as: [2015] UKICO FER589226, [2015] UKICO FER0589226
[New search] [Printable PDF version] [Help]
Maidstone Borough Council
25 November 2015, Local government (Borough council)
The complainant requested information relating to a planning application. Maidstone Borough Council (“the council”) supplied some information but said that it wished to withhold other information using the exceptions under regulation 12(5)(b) and 12(4)(e) of the Environmental Information Regulations 2004 (“the EIR”). These exceptions concern legal professional privilege and internal communications. During the Commissioner’s investigation, the council decided to disclose all of the information to the complainant on an informal basis. The Commissioner did not consider whether the information was correctly withheld at the time of the request as a result however he has recorded a breach of regulation 5(2) of the EIR in view of the late disclosure. The Commissioner also considered that the council had breached regulation 11(4) of the EIR for not completing its internal review as soon as possible. There are no steps to take.
EIR 5(2): Upheld EIR 11(4): Upheld