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Cumbria County Council (Local government) [2022] UKICO 161392 (16 November 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/161392.html
Cite as:
[2022] UKICO 161392
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Cumbria County Council
The complainant requested information with regards to a specific stretch of road. Cumbria County Council (the council) provided some information, but the Commissioner has found that the council has not fully searched all of its records and so on the balance of probabilities finds that further information may be held. The Commissioner’s decision is that regulation 12(4)(a) of the EIR is not engaged. The Commissioner requires the council to take the following steps to ensure compliance with the legislation. Conduct a further search of its records and issue a fresh response to the complainant which confirms or denies whether further information is held. If held, that information should either be disclosed to the complainant or an adequate refusal notice should be provided. The council 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)(a):
Complaint upheld
Decision notice:
161392