12 May 2015, Local government (Borough council)
The complainant requested information from Kislingbury Parish Council (“the council”) relating to an area known as “the Old Pond site”. The council supplied some information. The complainant alleged that more was held. The Commissioner investigated and found that more information falling within the scope of the request was held. The Commissioner accepts that on the balance of probabilities no further information is now held. He finds that the council breached regulation 5(1) and 5(2) of the Environmental Information Regulations 2004 (“the EIR”) for failing to disclose all the information it held. The Commissioner requires the council to make the additional information falling within the scope of this request available to the complainant in his preferred format or either electronic or paper hardcopies. This refers to the information obtained from the council’s solicitor, the invoice for the sum of £1848, the invoice for the sum of £300 and the relevant parts of the speadsheets recording the receipt of these amounts. 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(1): Upheld EIR 5(2): Upheld