Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Haringey (Local government) [2022] UKICO 142457 (1 December 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/142457.html
Cite as: [2022] UKICO 142457

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London Borough of Haringey

The complainant has requested information relating to a planning application. The London Borough of Haringey (the Council) disclosed some information in the form of email exchanges, however stated further information was not held. The Council also withheld some of the requested information under section 22 of FOIA. On internal review, the Council amended their position and withheld the remaining information under regulation 12(4)(d) (unfinished documents) of the EIR. The Commissioner’s decision is that the Council has correctly applied regulation 12(4)(d) to the remaining information however the public interest in maintaining the exception does not outweigh the public interest in disclosure. The Commissioner also finds that the Council has breached regulation 5(2) by failing to produce a document a document identified as missing from the original disclosure. The Commissioner requires the Council to disclose the information withheld on the basis of regulation 12(4)(d) to the complainant, and either provide the missing document or issue a refusal notice to the complainant in respect of the document that is compliant with the EIR. 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 FOIA and may be dealt with as a contempt of court.

EIR 12(4)(d): Complaint upheld EIR 5(2): Complaint upheld

Decision notice: 142457