21 December 2016, Local government (Borough council)
The complainant has requested information relating to the serving of a Noise Abatement Order served on her. The Royal Borough of Kensington and Chelsea withheld the information under regulations 12(5)(b) (ability of a public authority to conduct an inquiry of a criminal or disciplinary nature) and 13 (personal data. The Commissioner’s decision is that the Royal Borough of Kensington and Chelsea has applied the exceptions appropriately. She also considers that regulation 5(3) (personal data of the applicant) of the EIR applies to some of the requested information. However, the Commissioner considers that Royal Borough of Kensington and Chelsea has breached regulation 9(1) (advice and assistance). The Commissioner does not require the Royal Borough of Kensington and Chelsea to take any steps as a result of this decision. This decision notice is currently under appeal to the Tribunal.
FOI 12: Not upheld FOI 13: Not upheld FOI 9: Upheld