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You are here: BAILII >> Databases >> Information Commissioner's Office >> Devon County Council (Local government) [2024] UKICO 267182 (26 February 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/267182.html
Cite as: [2024] UKICO 267182
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Devon County Council
The complainant requested information from Devon County Council (“the Council”) relating to the maintenance of a specific road. The Council disclosed some information within the scope of the request. The complainant believes the Council holds additional information within the scope of the request. The Council’s position was that it had disclosed all of the information it held within the scope of the request, however, during the course of the Commissioner’s investigation is has identified some further information which it had not disclosed. The Commissioner’s decision is that the Council did not comply with regulation 5(1) of the EIR as it did not disclose all of the information it held within the scope of the request. The Commissioner is, however, satisfied that, on the balance of probabilities, the Council has now identified all of the information it holds within the scope of the request. The Commissioner also finds that the Council failed to respond to the request within 20 working days and has therefore breached regulation 5(2) of the EIR. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation:disclose the information about the site assessments carried out as a result of public reports of potholes, as the Commissioner has determined that this information is within the scope of the request; disclose any recorded information held that states inspections were driven.EIR 5(1): Complaint upheld EIR 5(2): Complaint upheld
Decision notice: 267182