Information Commissioner's Office

Leicestershire County Council

23 February 2015, Local government (County council)

The complainant has requested recorded information relating to complaints made about Cotes Road, Barrow upon Soar, Leicestershire. The complainant specifically requires the dates the road was inspected and the dates when work was carried out. Leicestershire County Council provided information which is relevant to the majority of the complainant’s request, but refused to provide details of the complaints it had received and relevant dates in reliance of Regulations 12(4)(e) and 12 (5)(b) of the EIR. The Commissioner’s decision is that Regulation 12(5)(b) is not engaged. He finds that Regulation 12(4)(e) is engaged but the public interest favours disclosure of the dates which Leicestershire County Council has withheld. The Commissioner found that some of the redacted information constitutes the personal data of third parties. The Commissioner agrees that the Council would be entitled to withhold this in reliance on Regulation 13. The Commissioner requires the public authority to provide the complainant with a new copy of EIR 5169 ‘Street History Report’. This should be unredacted except where the information consists of the names of persons who have complained about, or raised concerns about, the state of Cotes Road and also details of their complaints/concerns where that information would identify the third parties. The Council should ensure that appropriate third party personal data is withheld. 

EIR 12(4)(e): Partly upheld EIR 12(5)(b): Upheld EIR 13: Partly upheld