Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Environment Agency (Central government) [2023] UKICO 236692 (19 September 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/236692.html
Cite as: [2023] UKICO 236692

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Environment Agency

The complainant has requested all meeting notes, email and other correspondence between the Environment Agency (EA) and Elmbridge Council on the issue of illegally moored or overstaying boats along the River Thames. EA refused to comply with the request, citing regulation 12(4)(b) (manifestly unreasonable) of the EIR. The Commissioner’s decision is that EA has failed to persuade him that the requests were manifestly unreasonable. Additionally EA breached regulation 14 of the EIR by failing to issue its refusal notice within 20 working days and regulation 11 by failing to complete its internal review within 40 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. • Issue a fresh response to the complainant that does not rely on regulation 12(4)(b) of the EIR. The public authority 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)(b): Complaint upheld EIR 11: Complaint upheld EIR 14: Complaint upheld

Decision notice: 236692