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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Lincolnshire County Council (Local government) [2019] UKICO fer0774662 (21 August 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0774662.html
Cite as: [2019] UKICO fer774662, [2019] UKICO fer0774662
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Lincolnshire County Council
The complainant has made a multipart request for information about specific highways. Lincolnshire County Council informed the complainant that, in respect of part 1 of the request, it could make the information available subject to a charge of £1050.00, in accordance with regulation 8 of the EIR. The Council also stated, in respect of part 4 of the request, that information was held but was already publicly available, and, in respect of part 5 of the request, that information was withheld under various exceptions. The Commissioner’s decision is as follows. In respect of part 1 of the request, the Council has breached regulation 8(3) by seeking to levy an unreasonable charge for the provision of environmental information. In respect of part 4 of the request, the Council has failed to demonstrate that proper searches for recorded information have been carried out, leading the Commissioner to conclude, on the balance of probabilities, that further information may be held, thus breaching regulation 5(1). In respect of part 5 of the request, the Council subsequently disclosed held information, and the Commissioner is satisfied that all held information has been disclosed. In disclosing held information outside the time for the compliance, the Council breached regulation 5(2). The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. In respect of part 1 of the request, issue a fresh response to the complainant that does not seek to apply a charge under regulation 8. In respect of part 4 of the request, issue a fresh response to the complainant that complies with regulation 5(1).EIR 8: Complaint upheld EIR 5(1): Complaint upheld EIR 5(2): Complaint upheld
Decision notice: fer0774662