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St Cleer Parish Council (Local government) [2019] UKICO fs50827145 (1 October 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50827145.html
Cite as:
[2019] UKICO fs50827145
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St Cleer Parish Council
The complainant requested information about a specified car park. Although St Cleer Parish Council (‘the Council’) responded, it did not initially do so under FOIA. Once it provided its FOIA response, it gave the complainant some of the requested information and said that some of it was not held. The Commissioner’s decision is that, on the balance of probabilities, no further information is held beyond that already provided. The Commissioner also considered whether the requested information constituted environmental information and should instead have been handled under the EIR; she finds that the Council was correct to apply FOIA to the request. However, by initially failing to recognise the request as valid under FOIA the Council has breached section 8 of FOIA. As the Council has now provided a response to all parts of the request under FOIA, the Commissioner does not require it to take any remedial steps.
FOI 1:
Complaint not upheld
FOI 8:
Complaint upheld
Decision notice:
fs50827145