Information Commissioner's Office

Haringey London Borough Council

19 October 2017, Local government (Borough council)

The complainant has requested information from Haringey Council relating to specific aspects of the tender process for the development of Hornsey Town Hall in respect of the preferred bidder. Haringey Council refused the request citing FOIA section 43 – commercial interests. The Commissioner considers that the request should have been handled under the EIR and the requested information disclosed in accordance with that legislation. The Commissioner’s decision is that Haringey Council had incorrectly considered the request under FOIA. Given the opportunity to consider its position under EIR, Haringey Council relied on Regulation 12(5)(e). The Commissioner has considered the withheld information in the context of regulation 12(5)(e) EIR and considers that the exception is not engaged. The Commissioner further considers that in failing to provide an internal review within 40 working days of the request for a review, Haringey Council has breached regulation 11 of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the information of the description specified in the request.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(5)(b): Upheld EIR 11: Upheld