Information Commissioner's Office

Essex County Council

9 February 2016, Local government (County council)

The complainant requested information regarding signage to prevent the use of motorcycles. In relation to one of the requests, the council said that the information was not held. When the complainant did not accept this, the council said that it wished to rely on the exception under regulation 12(4)(b) of the Environmental Information Regulations 2004 (“the EIR”). This exception relates to requests that are manifestly unreasonable. In relation to another request, the council supplied information however the complainant disputed that this information had answered the request. The council then said that it wished to rely on the exception under regulation 12(4)(b). The decision of the Information Commissioner (“the Commissioner”) is that the exception was correctly applied on this occasion and that the public interest was in favour of maintaining the exception. He has found a breach of regulation 14(2) because the exception was not relied upon within 20 working days. The Commissioner does not require the council to take any steps.

EIR 12(4)(b): Upheld EIR 14(2): Upheld