Information Commissioner's Office

Lancashire County Council

19 September 2017, Local government (County council)

The complainant has requested information relating to an application to extinguish a right of way. The council provided some information however it applied section 12(4)(d) to other information. During the course of the investigation the council withdrew its reliance upon Regulation 12(4)(d) and provided further information to the complainant. It also applied Regulation 13 to withhold the identities of individuals from the information. The complainant considers that further information must be held, that the council was incorrect to apply Regulation 13 and that the council failed to comply with the time requirements of Regulation 5(2) when responding to the request. The Commissioner’s decision is that on a balance of probabilities the council had provided all of the information which it holds to the complainant. She has however decided that it was not correct to apply Regulation 13 to the names of the applicant but that it was correct to apply it to the identity of council officers from correspondence. Finally she has decided that the council did not comply with the requirements of Regulation 5(2) in that it did not provide the information to the complainant in response to his request within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose copies of the information with the name of the applicant unredacted.

EIR 12(4)(a): Not upheld EIR 13: Partly upheld EIR 5(2): Upheld EIR 11: Upheld