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Warwickshire County Council (Local government) [2021] UKICO ic-139577 (9 December 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-139577.html
Cite as:
[2021] UKICO ic-139577
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Warwickshire County Council
The complainant requested information held by Warwickshire County Council (the council) relating to a particular village green. The Commissioner’s decision is that the council is correct to state that it did not hold information relevant to part 1 of the complainant’s request. She is also satisfied that the council is entitled to rely on regulation 12(5)(b) of the EIR (course of justice), when withholding information relevant to part 2 of the request. However, the Commissioner has found the council to be in breach of regulation 9 of the EIR, as it failed to provide appropriate advice and assistance to the complainant. Furthermore, as the council failed to provide some of the information, and also its refusal notice, within 20 working days, the Commissioner has also found there to be a breach of regulation 5(2), and regulation 14(2), of the EIR. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 9:
Complaint upheld
EIR 12(5)(b):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice:
ic-139577