Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Wealden District Council (Local government) [2018] UKICO fer0664513 (30 January 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0664513.html
Cite as: [2018] UKICO fer664513, [2018] UKICO fer0664513

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Wealden District Council

The complainant requested information held by Wealden District Council relating to its five year housing land supply and a meeting that took place on 26 October 2015. The council initially withheld information under section 42 of the FOIA (legal professional privilege). After reconsideration of the request under the EIR, the council identified additional information relevant to the request, some of which it then supplied to the complainant. The council applied regulation 13 -personal data, regulation 12(4)(e)-internal communications, and regulation 12(5)(b)-course of justice, to the remaining information. After further intervention by the Commissioner, the council then supplied the complainant with information that had been withheld under regulation 13. The Commissioner is satisfied that the council is entitled to rely on regulation 12(4)(e) and 12 (5)(b) with regards to the remaining withheld information. However, she has found the council to have breached regulations 14(1) and 14(2) by failing to provide a refusal notice that complied with the provisions contained within the EIR.  It has also breached regulation 5(2) as it did not provide the complainant with copies of all relevant information within the prescribed time of 20 working days. As it appears it has now provided the complainant with all relevant information, it has complied with regulation 5(1).

EIR 12(5)(b): Complaint not upheld EIR 13: Complaint upheld EIR 5(2): Complaint upheld EIR 14(2): Complaint not upheld EIR 14(1): Complaint upheld

Decision notice: fer0664513