Information Commissioner's Office

Milton Keynes Council

21 April 2015, Local government (District council)

The complainant requested information from Milton Keynes Council (“the council”) about whether there had been an application for adverse possession of a particular area of land. The council refused to respond to the request on the basis that it was vexatious under section 14(1) of the Freedom of Information Act 2000 (“the FOIA”). The Commissioner’s decision is that the request should have been considered under the terms of the Environmental Information Regulations 2004 (“the EIR”). He found that the exception under regulation 12(4)(b), which relates to manifestly unreasonable requests, was engaged and the public interest did not favour disclosure. The council breached regulation 14(2) and 14(3)(a) and (b) because it did not rely on regulation 12(4)(b) of the EIR. There are no steps to take. This decision notice is currently under appeal to the Tribunal.

EIR 12(4)(b): Not upheld EIR 14: Upheld