Bristol City Council
16 September 2015, Local government (City council)
The complainant has requested information with regards to the Ashton Vale green. Bristol City Council (the council), after a refinement of the request, relied on section 40(5)(b)(i) of the Freedom of Information Act (the FOIA) to neither confirm nor deny holding some information for part of the request and advised that it held no information to the remaining parts. Following an internal review the council located some information and provided this to the complainant. It also considered the request to fall under the EIR and amended its neither confirm nor deny refusal to regulation 13(5) of the EIR instead of section 40(5)(b)(i) of the FOIA. The complainant has asked the Commissioner to consider whether the council was correct to neither confirm nor deny part of his request and whether any further information is held to the remaining part of his request. The Commissioner’s decision is that the information requested fell under the EIR, as environmental information, and he found that the council was correct to neither confirm nor deny holding the information to the part of the request under regulation 13(5) of the EIR. He also determined that no further information is held to the remaining parts of the request. The Commissioner does not require the council to take any steps.
EIR 13(5):
Not upheld
