Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Lambeth London Borough Council (Local government) [2021] UKICO IC-43698 (2 June 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-43698.html
Cite as: [2021] UKICO IC-43698

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Lambeth London Borough Council

The complainant has requested planning performance agreement information from the London Borough of Lambeth (“LB Lambeth” or “Lambeth Council”). LB Lambeth refused to provide this citing FOIA section 43 (prejudice to commercial interests) and upheld this at internal review. During the Commissioner’s investigation, LB Lambeth changed its position and sought to rely on EIR regulation 12(4)(b) (manifestly unreasonable on the grounds of cost). The Commissioner’s decision is that LB Lambeth is not entitled to rely on EIR regulation 12(4)(b). It also failed to provide a proper response under the EIR in time in contravention of regulation 14 and failed to provide adequate advice and assistance to the complainant in contravention of regulation 9. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the requested information or explain why it is not obliged to under relevant provisions of the EIR which do not include regulation 12(4)(b). The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

EIR 9: Complaint upheld EIR 12(4)(b): Complaint upheld EIR 14: Complaint upheld

Decision notice: IC-43698