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London Borough of Barnet (Local government) [2023] UKICO 195712 (5 May 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/195712.html
Cite as:
[2023] UKICO 195712
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London Borough of Barnet
The complainant has requested information held by the London Borough of Barnet (the council) relating to the installation of speed bumps. The council initially refused the request under section 14(2) - repeat requests, of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigation the council revised its position, stating that it was now refusing the request under regulation 12(4)(b) - manifestly unreasonable, of the EIR. The Commissioner’s decision is that whilst the council was correct to reconsider the request under the EIR, it did not take an objective reading of the complainant’s request. Furthermore, the Commissioner has decided that the council has failed to demonstrate that regulation 12(4)(b) of the EIR is engaged and therefore it is not entitled to rely on this exception. The Commissioner requires the council to issue a fresh response to the complainant in response to part 2 of the request that does not rely on regulation 12(4)(b) of the EIR.
EIR 12(4)(b):
Complaint upheld
Decision notice:
195712