Information Commissioner's Office

Warwick District Council

5 October 2017, Local government (District council)

The complainant has requested information on a proposed new road from Warwick District Council (the Council). The Council refused to provide the requested information citing the exception at regulation 12(4)(d). The Commissioner’s decision is that regulation 12(4)(d) is engaged but, in the specific circumstances of this case, the public interest in disclosure of the requested information outweighs the public interest in maintaining the exception. The Commissioner also finds that the Council did not make all information held falling within the scope of the request available to the complainant in response to his request. She also finds the Council in breach of regulation 11(4) as it did not provide the complainant with the outcome of its internal review within the 40 working day statutory timeframe. The Commissioner requires the public authority to provide the complainant with an unredacted copy of the requested information. 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)(d): Upheld