4 October 2017, Local government (County council)
The complainant requested information from Derbyshire County Council (“the council”) relating to a Flood Risk Assessment. The council provided information but the complainants disputed that the council had provided the information sought. The Commissioner’s decision is that the council did not in fact hold the information. He finds that the council breached regulation 14(2) and 14(3)(a) for not stating that it did not hold the information sought by relying on the exception under regulation 12(4)(a) of the Environmental Information Regulations 2004 (“the EIR”). She does not require any steps to be taken.
EIR 5(1): Not upheld EIR 14(2): Upheld EIR 14(3)(a): Upheld