Information Commissioner's Office

Hampshire County Council

16 March 2016, Local government (County council)

The complainant has made a request to Hampshire County Council (“the council”) for emails that are referenced in a council document relating to a recreational trail called the ‘Meon Valley Trail’ (“the MVT”). The council refused the request under regulation 12(4)(b) of the Environmental Information Regulations (“the EIR”).The Commissioner’s decision is that the council has incorrectly applied regulation 12(4)(b), and has breached the requirement of regulation 14(2).The Commissioner requires the public authority to issue a fresh response under the terms of the EIR that does not rely on regulation 12(4)(b). 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 12(4)(b): Upheld EIR 14(2): Upheld