British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Cowfold Parish Council (Local government) [2023] UKICO 237389 (7 September 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/237389.html
Cite as: [2023] UKICO 237389
[New search] [Printable PDF version] [Help]
Cowfold Parish Council
The complainant requested information in relation to an offshore windfarm consultation. Cowfold Parish Council (“the council”) argued that section 12 – cost of compliance, of the Freedom of Information Act (FOIA) applies. At the internal review stage, the council provided the complainant with a timeline document, which set out a summary of all the correspondence held falling within the scope of the request. The Commissioner’s has decided that the council should have considered the request under the EIR. Furthermore, the Commissioner considers that the release of the timeline document does not fulfil the terms of the complainant’s request. However, the Commissioner considers the council’s arguments for refusing to comply with the request under section 12(1) of FOIA to be transferable to Regulation 12(4)(b) of the EIR (manifestly unreasonable request). Whilst the Commissioner has determined that Regulation 12(4)(b) is engaged, he considers the public interest to favour the disclosure (with the exception of personal data) of all of the information which is held that is relevant to the request. The Commissioner also concludes that, on the balance of probabilities, the correspondence and information referred to within the timeline document is all the information that is held by the council that is relevant to the request. The Commissioner requires the council to take the following steps to ensure compliance with the legislation. To disclose all the information held relevant to the request to the complainant, subject to any appropriate redactions made under Regulation 13 of the EIR.EIR 5(1): Complaint partly upheld EIR 12(4)(b): Complaint upheld
Decision notice: 237389