Information Commissioner's Office

Lambeth London Borough Council

9 August 2017, Local government (Borough council)

The complainant requested notes of a meeting between his neighbour and the London Borough of Lambeth in relation an extension being built at the neighbour’s house. The London Borough of Lambeth initially refused the request under section 40(5)(b)(i) of the Freedom of Information Act 2000 (the Act). It stated that any held information would be personal data, but neither confirmed nor denied whether it held such information. The London Borough of Lambeth amended its position at internal review to refuse the request under the EIR rather than the Act, as the information – if held – would be environmental as per the EIR. The basis of the refusal remained the same, so the London Borough of Lambeth cited the equivalent exception in the EIR for section 40(5)(b)(i), which is regulation 13(5)(a). The Commissioner’s decision is that the London Borough of Lambeth incorrectly refused the request on the basis of regulation 13(5)(a) of the EIR. The Commissioner requires the public authority to issue a new response to the complainant which does not refuse to comply with the request on the basis of regulation 13(5)(a).

EIR 13(5)(a): Upheld