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Department for Levelling Up, Housing and Communities (Central government) [2022] UKICO 135401 (20 October 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/135401.html
Cite as:
[2022] UKICO 135401
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Department for Levelling Up, Housing and Communities
The complainant requested various information in respect of a Building Safety application for Kingsland Wharves from the Department for Levelling Up, Housing and Communities (‘DLUHC’). DLUHC confirmed that it holds relevant information in respect of some aspects of the request, but refused to disclose it, citing sections 40(2) (personal information), 41 (information provided in confidence) and 43 (commercial interests) FOIA. It also informed the complainant that it did not hold information in respect of one item of their request. During the course of the Commissioner’s investigation, DLUHC re-considered the request under the Environmental Information Regulations 2004, (‘the EIR’) and disclosed redacted copies of the information to the complainant citing regulation 13 (personal information) for the remaining withheld information. It also disclosed information relevant to the request it had not held at the time of its internal review. The complainant queried the absence of certain documentation they considered fell within the scope of their request. DLUHC confirmed to the complainant that it does not consider that this documentation falls within its scope. The Commissioner’s decision is that any supporting information to the application for funding received before the funding had been approved is within the scope of the original request. Any information received following this date, is not within the scope of the request. In respect of the Grant Funding Agreements, if the amount awarded is less than the amount claimed, the Commissioner’s decision is that they are within the scope of the request.
EIR 12(4)(a):
Complaint upheld
Decision notice:
135401