Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Lancashire County Council (Local government) [2020] UKICO fs50854674 (8 June 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50854674.html
Cite as: [2020] UKICO fs50854674

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Lancashire County Council

The complainant has requested information regarding resurfacing works and road markings. The Lancashire County Council initially stated it had disclosed all of the information in scope of the request, except one element which was withheld on the basis of FOIA section 42, for which it subsequently agreed that the EIR is the appropriate legislation and therefore changed its response to cite regulations 12(4)(e) and 12(5)(d). The council also changed its position to state that it could only locate records from 2017 onwards to part of the request, and cited regulation 12(4)(b) in this respect. The Commissioner’s decision is that Lancashire County Council is entitled to rely upon 12(4)(b) for records held prior to 2017 and that the public interest rests in maintaining this exception. She also finds that, on the balance of probabilities, it has located all information in scope of the request from 2017 onwards. The Commissioner found that regulation 12(4)(e) is engaged, however, the public interest favours disclosure and that that regulation 12(5)(d) is not engaged. The Commissioner also finds that the council breached regulation 5(2) and 14(2) of the EIR in its handling of the requests.  The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: release the withheld information identified for request item [4]. 

EIR 12(5)(d): Complaint upheld EIR 12(4)(b): Complaint not upheld EIR 12(4)(e): Complaint upheld EIR 5(2): Complaint upheld EIR 14(2): Complaint upheld

Decision notice: fs50854674