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You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Croydon (Local government) [2022] UKICO 103967 (1 August 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/103967.html
Cite as: [2022] UKICO 103967
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London Borough of Croydon
The complainant requested information relating to a particular planning application. The London Borough of Croydon (the ‘Council’) handled the request under the EIR. It provided some information in response to the request with redactions under Regulation 12(5)(b) – the course of justice and Regulation 13 - personal information. During the course of the Commissioner’s investigation, the Council reissued the previously disclosed emails and removed some Regulation 13 redactions. It located additional information which it disclosed, with redactions under Regulation 13. The complainant disputed the redactions and argued that more information must be held. Having examined the information in detail in order to issue this notice, the Commissioner identified that Regulation 12(5)(b) had only been applied to information which post-dates the request, such that it is out of scope. The Commissioner’s decision is that the Council was correct to handle the request under the EIR. He finds that, where cited, the Council has properly relied on Regulation 13. He has also decided that, on the balance of probabilities, the Council has now provided all the information it holds (with the exception of one letter it has been unable to locate and, therefore, has been unable to determine definitively whether it would fall in scope). As the Council failed to issue its internal review within the statutory 40 working days’ time limit, it breached Regulation 11(4) of the EIR. The Commissioner does not requires the Council to take any steps as a result of this notice but has commented on the handling of the request in the ‘Other matters’ section of this notice.EIR 11(4): Complaint upheld EIR 12(4)(a): Complaint not upheld EIR 13: Complaint not upheld
Decision notice: 103967