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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Housing, Communities and Local Government (Central government) [2018] UKICO fer0706655 (11 September 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0706655.html
Cite as: [2018] UKICO fer0706655, [2018] UKICO fer706655
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Ministry of Housing, Communities and Local Government
The complainant has asked the Department for Communities and Local Government [now the Ministry for Housing, Communities and Local Government] to provide him with details of any communications between HRH the Duke of Cambridge and the Secretary of State which relate to environmental issues as defined by the Environmental Information Regulations 2004. The complainant has also requested details of any meetings with the Secretary of State to discuss environmental issues and to be provided with details of the time, date and venue of any meeting, a list of those present, together with an outline of the issues discussed and copies of any written briefing notes issued to the Secretary of State and departmental representatives. Having initially refused to comply with the complainant’s request on the grounds that it is not valid for the purpose of the EIR, the MHCLG determined that it should rely on Regulation 12(4)(b) on the grounds that the request is manifestly unreasonable. Following searches of its Correspondence Database, its server, the former Secretary of State’s diary and the Court Circular, the MHCLG determined that it does not hold information of the type described in the complainant’s request. The Commissioner’s decision is that the Ministry for Housing, Communities and Local Government, on the balance of probabilities, does not hold the information which the complainant has requested. By now informing the complainant of this the MHCLG has complied with the provision of Regulation 5(1) of the EIR but has failed to comply with Regulation 5(2) by failing to do so within twenty working days of receiving the request. The Commissioner has also decided that the MHCLG has failed to comply with Regulation 9 of the EIR by failing to provide the complainant with appropriate advice and assistance.EIR 9: Complaint upheld EIR 5(1): Complaint not upheld EIR 5(2): Complaint upheld
Decision notice: fer0706655