8 February 2017, Local government (Borough council)
The complainant has requested information relating to a Public Spaces Protection Order (PSPO) implemented in the borough on 9 April 2015. She also requested information relating to an amendment made to the PSPO on 5 June 2015. The council refused to disclose the requested information citing regulations 12(4)(e) and 13 of the EIR. During the Commissioner’s investigation some information was disclosed to the complainant. But the council confirmed that it wished to rely on regulation 12(4)(e) and 13 of the EIR for the remaining withheld information. The Commissioner is satisfied that regulations 12(4)(e) and 13 of the EIR apply in this case. She has however found the council in breach of regulations 5(2) and 11 of the EIR. The Commissioner does not require any further action to be taken.
EIR 12(4)(e): Not upheld EIR 13: Not upheld EIR 5(2): Upheld EIR 11: Upheld