Link to IOC for full Decision notice pdf file: London Borough of Havering (Local government) [2025] UKICO 327409 (12 May 2025)
The complainant requested a copy of a footway parking resolution for a specified road in Romford. London Borough of Havering (the Council) initially erroneously processed the complainant's request under FOIA and applied section 21 (information reasonably accessible to the applicant by other means). The Council subsequently provided the complainant, following a decision notice issued by the Commissioner on 22 July 2024, with an internal review and revised response under the Environmental Information Regulations 2004 (EIR). The Council applied regulation 12(4)(a)(information not held) and regulation 12(4)(d)(material in the course of completion, unfinished documents and incomplete date) to refuse the request During the course of the Commissioner's investigation the Council revised their position, and applied regulation 6(1)(b)(information already available), a form and format provision, to the request, before reverting back to reliance on regulation 12(4)(a) only. The Commissioner's decision, on the balance of probabilities, is that the Council do not hold the information requested and that they were correct to rely on regulation 12(4)(a) to refuse the request. The Commissioner does not require further steps.