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East Lindsey District Council (Local government) [2020] UKICO fs50858230 (20 July 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50858230.html
Cite as:
[2020] UKICO fs50858230
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East Lindsey District Council
The complainant has requested information relating to council enforcement activities relating to his own property. The council provided much of the information, however, it redacted some information under Regulation 13 of the EIR. It also initially withheld information on the basis that Regulation 12(5)(b) applied, and refused to provide some information on the basis that it was information which the complainant had provided to the council in the first instance (Regulation 6). The complainants believe that the council was not correct to redact some of the information they have, that the council has not been transparent about some of the redactions it has made, and that further information should be held. They also argue that redactions have been made inconsistently and complained that the council’s records contain inaccuracies. During the course of the Commissioner's investigation the council withdrew its reliance on Regulation 12(5)(b) and agreed to disclose the relevant information. The Commissioner’s decision is that the council was correct to apply Regulation 13 to redact the information it has. She has also decided that the council has, on a balance of probabilities, provided the complainants with the information which it holds. She has also decided that the council was correct to apply Regulation 6. She has however decided that the council did not comply with the requirements of Regulation 5(2) in that it did not initially disclose information which it considered was subject to Regulation 12(5)(b) within 20 working days. The other issues which the complainants have raised are not matters which the Commissioner is able to consider under her duties under section 50 of the FOI Act. The Commissioner does not require the council to take any steps.
EIR 12(4)(a):
Complaint not upheld
EIR 13:
Complaint not upheld
EIR 5(2):
Complaint upheld
Decision notice:
fs50858230