British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Lewisham London Borough Council (Local government) [2018] UKICO fs50681519 (1 October 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50681519.html
Cite as: [2018] UKICO fs50681519
[New search] [Printable PDF version] [Help]
Lewisham London Borough Council
The complainant has requested information about the siting of telecommunications equipment on Forsythia House. Following the Commissioner’s involvement Lewisham Borough Council (‘the Council’) released some information and its position, which the complainant disputes, is that it holds no further relevant information. The Commissioner’s decision is that, on the balance of probabilities, it is likely that further information is held, and that the Council has failed to fully consider and respond to the request in accordance with its obligation at regulation 5(1) (duty to make environmental information available on request). In addition, as the responses were not communicated within the time limits set out in the legislation, the Commissioner finds the Council has breached regulations 5(2) and 11(4) of the EIR. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Carry out further searches for information falling within the scope of the request focussing on the period November 2015 to March 2016, and any ‘previously rejected applications from other telecommunications provider’. If information which falls within the scope of the request is found, disclose this to the complainant or issue a refusal notice specifying an exemption. If no information which falls within the scope of the request is found, outline the further searches undertaken and formally confirm to the complainant that no further information is held. 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 Act and may be dealt with as a contempt of court.EIR 5(1): Complaint upheld EIR 11(4): Complaint upheld
Decision notice: fs50681519