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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Westminster City Council (Local government) [2018] UKICO fs50714241 (29 November 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50714241.html
Cite as: [2018] UKICO fs50714241
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Westminster City Council
The complainant has requested information from Westminster City Council in relation to the redevelopment proposal for Church Street Estate. The two requests were processed under two separate reference numbers. In respect of the first request Westminster City Council responded by providing the complainant with five documents and they refused the second request under section 14(2)(repeat request) of the FOIA. During the course of the Commissioner’s investigation Westminster City Council issued a further final response to each of the requests, which relied on links to documents and responded to some of the questions asked by the complainant. The Commissioner’s decision is that in handling these two linked requests, Westminster City Council has breached regulation 5(1) and 5(2) of the EIR by failing to make environmental information available. The Commissioner considers that Westminster City Council has breached regulation 9(1) by failing to provide reasonable advice and assistance and breached regulation 10(1). Additionally, Westminster City Council has breached regulation 11(4) and 11(5) by failing to conduct an internal review within 40 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response to the complainant which complies with regulation 5 of the EIR by disclosing the requested information or issue a refusal notice which complies with regulation 14. The public authority 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 11(4): Complaint upheld EIR 11(5): Complaint upheld EIR 10(1): Complaint upheld EIR 9(1): Complaint upheld EIR 5(1): Complaint upheld EIR 5(2): Complaint upheld
Decision notice: fs50714241