Information Commissioner's Office

Hastings Borough Council

15 June 2017, Local government (Borough council)

The complainant has requested a ‘validation check report ‘relating to a planning application. The council responded asking the complainant to clarify what information he was requesting as they do not use a document entitled a validation check report. The complainant did not clarify his request further. The council therefore said that it did not hold any information falling within the scope of the request (Regulation 12(4)(a)). The complainant persisted with his request and so the council subsequently applied section 14 of the FOI Act on the grounds that the request was vexatious. During the Commissioner’s investigation the council agreed that it should have considered the request under the EIR rather than the FOI Act. Amongst other things, Regulation 12(4)(b) provides the equivalent exemption to section 14 of FOIA. The Commissioner’s decision is that the council was not correct to apply Regulation 12(4)(b) to the request. She has however decided that the council was correct to apply Regulation 12(4)(a) on the basis that on a balance of probabilities the council does not hold information falling within the scope of the request. The Commissioner does not require the council to take any steps.

EIR 12(4)(a): Not upheld EIR 12(5)(b): Upheld