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West Lancashire Borough Council (Local government) [2022] UKICO 144221 (21 November 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/144221.html
Cite as:
[2022] UKICO 144221
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West Lancashire Borough Council
The complainant requested information from West Lancashire Borough Council (“the Council”) about a strategic flood risk assessment (SFRA) and a complaint relating to the SFRA. The Council’s response did not clearly state whether the information requested in each part of the request was held or whether it was withholding any information that was held. The Commissioner therefore asked the Council to carry out an internal review. The Council then issued a further response to the complainant, but this did not constitute an internal review. The Commissioner’s decision is that the Council has failed to carry out a reconsideration (internal review) of a response it provided under the EIR within 40 working days. It has therefore breached regulation 11 of the EIR. The Commissioner requires the Council to complete an internal review which confirms explicitly whether it holds information within scope of each part of the request and then either provide that information or issue a refusal notice that complies with regulation 14 of the EIR.
EIR 11:
Complaint upheld
Decision notice:
144221