Information Commissioner's Office

Stoke-on-Trent City Council

13 June 2016, Local government (City council)

The complainant submitted a request to the public authority for information in relation to the safety of two buildings which had developed some noticeable structural defects following construction. The public authority disclosed most of the information requested and withheld a small amount of information on the basis of the exceptions at regulations 12(4)(d) (material in the course of completion), 12(5)(b) (adverse effect on the course of justice) and 12(3) (personal data) of the EIR. The Commissioner’s decision is that the public authority was entitled to rely on the exceptions at regulations 12(5)(b) and 12(3) to withhold the remaining information within the scope of the request. He has however found the authority in breach of the procedural requirement in regulation 11(4) of the EIR. No steps are required.

EIR 11(4): Upheld EIR 12(3): Not upheld EIR 12(5)(b): Not upheld