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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cheshire West and Chester Council (Decision Notice) [2010] UKICO FS50285682 (18 August 2010) URL: http://www.bailii.org/uk/cases/UKICO/2010/FS50285682.html Cite as: [2010] UKICO FS50285682 |
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Summary: The complainant made a request for recorded information about the reasons why a road had not been adopted by the public authority. The public authority provided an explanation and the complainant requested an internal review. The public authority refused to conduct an internal review, although stated that its position remained the same. The Commissioner has considered this case carefully. He has determined that the information, where held, is environmental information and that this case should be considered under the Environmental Information Regulations (EIR). He found that the public authority did hold one piece of information and has ensured that this has now been provided to the complainant. He has determined that the public authority holds no further relevant recorded information in this case that needs to be provided under Regulation 5(1). However, he finds that the Council have contravened Regulation 5(1) (in failing to provide the single email that it did hold until the Commissioner-™s investigation), Regulation 5(2) (in failing to provide email in twenty working days), and Regulation 11 (in refusing to conduct an internal review.) He requires no remedial steps to be taken in this case as the single piece of information that is relevant to the request has now been provided.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 11 - Complaint Upheld