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Birmingham City Council (Local government) [2022] UKICO 175465 (9 December 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/175465.html
Cite as:
[2022] UKICO 175465
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Birmingham City Council
The complainant has requested information from Birmingham City Council (“the Council”), in relation to a specific building. The Council provided some information, but refused the remainder under section 21 of FOIA – information accessible by other means. The Council also explained that a third party may hold some further information. The Commissioner’s decision is that the Council should have responded under the EIR, as the requests relates to planning and building regulations. However, as the exemption applied is similar in nature to than under the EIR, the outcome would be the same. The Council should have relied upon regulation 6(1)(b) – information available elsewhere. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
EIR 6(1)(b):
Complaint not upheld
EIR 14(3):
Complaint upheld
Decision notice:
175465