Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Hambleton District Council (Local government) [2018] UKICO fer0701744 (24 October 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0701744.html
Cite as: [2018] UKICO fer701744, [2018] UKICO fer0701744

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Hambleton District Council

The complainant has requested information from Hambleton District Council on traffic mitigation in relation to development sites known as NM5E and NM5C. The Council’s position is that the complainant has not requested recorded information, therefore it cannot be considered as a valid information request. The Commissioner’s decision is that the complainant’s request is a valid information request and the Council should have dealt with it in compliance with the EIR. The Commissioner also found that the Council breached Regulation 5(2) by failing to respond to the complainant’s request within the twenty day compliance period. The Commissioner requires the Council to issue a fresh response to the complainant under the EIR, treating the request as a valid request for information. The Council 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 FOIA and may be dealt with as a contempt of court.

EIR 5: Complaint upheld

Decision notice: fer0701744