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Caerphilly County Borough Council (Local government) [2021] UKICO IC-47334 (28 June 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-47334.html
Cite as:
[2021] UKICO IC-47334
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Caerphilly County Borough Council
The complainant has requested from Caerphilly County Borough Council (the Council) information about work it has carried out on, and outside, her property over the last 30 years. The Council initially disclosed a schedule of works extracted from computerised records, but the complainant believed that it held more information. The Council subsequently located extensive manual files on works conducted by it between 1995 and 1999. It revised its position and said that under section 12 of the FOIA it was not obliged to comply with the request, due to the costs of doing so. The Commissioner’s decision is that while the Council should have dealt with the request under the EIR, it was not obliged to comply with the request on the grounds that it was manifestly unreasonable within the meaning of regulation 12(4)(b) of the EIR, due to the burden that complying would impose on it. However, the Commissioner found that the Council breached regulation 11(4) (Representations and reconsiderations) of the EIR as it did not carry out the internal review and notify the complainant of the outcome within the required timescale.
EIR 11(4):
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
Decision notice:
IC-47334