Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Lambeth (Local government) [2023] UKICO 161312 (22 February 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/161312.html
Cite as: [2023] UKICO 161312

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London Borough of Lambeth

The complainant has requested information about Whole Life Cycle Carbon Emission Assessments (WLCCEA) from London Borough of Lambeth (the Council). The Council cited regulation 12(4)(d) (material in the course of completion) of the EIR to withhold most of the information. The Commissioner’s decision is that regulation 12(4)(d) is engaged, but the balance of the public interest favours disclosure. However, the Commissioner finds that regulation 13 would apply to the information within the scope of part 3 and has applied this exception himself proactively. The Commissioner also finds that the Council breached regulation 5(2) and regulation 14(2) as it failed to provide its initial response within the statutory 20 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose the information at part 2 of the request. 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)(d): Complaint upheld EIR 13: Complaint not upheld EIR 5(2): Complaint upheld EIR 14(2): Complaint upheld

Decision notice: 161312