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You are here: BAILII >> Databases >> Information Commissioner's Office >> Forestry Commission England (Central government) [2019] UKICO fer0791200 (9 April 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0791200.html
Cite as: [2019] UKICO fer791200, [2019] UKICO fer0791200
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Forestry Commission England
The complainant made a six part request to the Forestry Commission for information relating to a proposal by a company called Forest Holidays to develop a site in Mortimer Forest. The Forestry Commission withheld information from a Framework Agreement between itself and Forest Holidays, requested at part 1, under the exception provided by regulation 12(5)(e) – commercial confidentiality. It refused to provide the correspondence between named parties, requested at part 4, under regulation 12(4)(b), manifestly unreasonable, on the basis of cost and refused to provide an impact assessment produced by Forest Holidays, requested at part 6, under regulation 12(5)(f), voluntary supply of information. During the Commissioner’s investigation the Forestry Commission disclosed the information withheld from the Framework agreement requested at part 1. The Commissioner’s decision is that regulation 12(5)(e) was not engaged in respect of the disputed information originally withheld from the Framework Agreement. By not providing this information within 20 working days the Forestry Commission breached regulation 5(2). The Commissioner finds that part 4 of the request, for correspondence, can be refused under regulation 12(4)(b), but that the Forestry Commission has not provided adequate advice and assistance as required under regulation 9. In respect of the impact assessment requested at part 6 and withheld under regulation 12(5)(f), the Commissioner finds that the information is not captured by the request and that the Forestry Commission does not hold any information that does fall within the scope of the request. In respect of this element of the request the Commissioner finds that the Forestry Commission breached regulation 14 by failing to provide a refusal notice explaining the information is not held. In respect of the breach of regulation 9 the Commissioner requires the public authority to provide additional advice and assistance to the complainant aimed at helping him narrow his request in a meaningful way.EIR 9: Complaint upheld EIR 12(4)(b): Complaint not upheld EIR 5(2): Complaint upheld EIR 14: Complaint upheld EIR 12(5)(e): Complaint upheld EIR 12(5)(f): Complaint upheld
Decision notice: fer0791200