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Information Commissioner's Office


You are here: BAILII >> Databases >> Information Commissioner's Office >> Birmingham City Council (Local government) [2025] UKICO 341584 (7 March 2025)
URL: http://www.bailii.org/uk/cases/UKICO/2025/341584.html
Cite as: [2025] UKICO 341584

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Link for IOC full Decision notice pdf file: Birmingham City Council (Local government) [2025] UKICO 341584 (7 March 2025)

The complainant requested information about a specific site. Birmingham City Council (the "Council") initially responded to the request under the FOIA but subsequently confirmed under the EIR that the information was not held. The complainant disputes this. The Commissioner's decision is that the Council should have considered the request under the EIR rather than FOIA and that it failed to issue a refusal notice under the EIR in time and breached regulation 14(2). However, he is satisfied that, on the balance of probabilities, the Council holds no recorded information relevant to the complainant's request and that it correctly applied regulation 12(4)(a). The Commissioner does not require the Council to take any steps.

  • EIR 12.4.a:Not upheld
  • EIR 14.2:Upheld
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