5 October 2017, Local government (County council)
The complainant made a request to Warwickshire County Council (the Council) for information on a proposed new road. The Council refused to provide the requested information and cited regulation 12(4)(b). The Commissioner’s decision is that the Council has not provided persuasive arguments to engage regulation 12(4)(b). The Commissioner considers that in the specific circumstances of this case, regulation 12(4)(b) is not engaged. The Commissioner requires the public authority to issue a fresh response 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