Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Enfield (Local government) [2023] UKICO 155074 (28 February 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/155074.html
Cite as: [2023] UKICO 155074

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London Borough of Enfield

The complainant has requested, from the London Borough of Enfield (‘the Council’), information relating to the conversion of Refuge House (an office block) into residential units. The request was initially handled under the Freedom of Information Act 2000 (‘FOIA’), and information was disclosed. Subsequently the complainant contacted the Council numerous times about certain missing information, and further disclosures followed. However, the complainant argued that the Council had still not disclosed all information held within scope of the request, despite the Council saying that it had. During the Commissioner’s investigation, the Council changed its position, saying that the request falls under the EIR (not FOIA) and should have been refused under regulation 12(4)(b) (‘manifestly unreasonable’) on the grounds of costs. The Commissioner’s decision is that regulation 12(4)(b) is engaged and should be maintained – the Council is entitled to refuse the request as manifestly unreasonable on the grounds of costs. However the Council has breached regulation 14 as did not, within 20 working days of the request, issue a refusal notice citing the exception it is now relying on. The Commissioner does not require any steps to be taken following this decision notice.

EIR 12(4)(b): Complaint not upheld EIR 9(1): Complaint not upheld

Decision notice: 155074