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Cheshire West and Chester Council (Local government) [2022] UKICO 104480 (31 May 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-104480.html
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Cheshire West and Chester Council
The complainant requested information about the council waste management proposals. Cheshire West and Chester Council (the council) withheld the information on the basis that the exception in Regulation 12(4)(d) applied (Material in the course of completion, unfinished documents, and incomplete data). During the course of the Commissioner’s investigation, the council indicated that it had reconsidered its position and was preparing to send the withheld information out to the complainant. It did not, however, subsequently confirm to the Commissioner that it had done so. The Commissioner’s decision is that as the council indicated that it was now prepared to disclose the information to the complainant, and did not provide any arguments to the Commissioner to support its position that Regulation 12(4)(d) applied, then the withheld information should be disclosed to the complainant in its entirety. The Commissioner requires the council to take the following steps to ensure compliance with the legislation. To disclose the withheld information to the complainant.
EIR 5(2):
Complaint upheld
Decision notice:
ic-104480