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You are here: BAILII >> Databases >> Information Commissioner's Office >> East Staffordshire Borough Council (Decision Notice) [2012] UKICO FER0365518 (05 March 2012) URL: http://www.bailii.org/uk/cases/UKICO/2012/FER0365518.html Cite as: [2012] UKICO FER365518, [2012] UKICO FER0365518 |
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Summary: The complainant requested copies of all internal correspondence regarding Longcroft Farm from East Staffordshire Borough Council (ESBC). The authority provided some information relevant to the request however the complainant was concerned that ESBC had not provided all of the information. During the Commissioner-™s investigation of this complaint ESBC has consistently refused to accept that it was a separate request to a previous and related request from the complainant originating in July 2009. The Commissioner therefore had no option but to rely on his powers under section 51(1)(a) of the Freedom of Information Act 2000 (-˜the Act-™) and issue an information notice instructing ESBC to provide all information up to September 2010. ESBC appealed the information notice to the First-tier Tribunal who dismissed the appeal and ordered ESBC to comply with the Commissioner-™s notice. ESBC subsequently sent the Commissioner information in January and February 2012 but refused to confirm whether it was relying on any of the exceptions for all or part of the information stating that it had not been possible within the time available. It further stated that in any event, it is not apparently what is required on the face of the information notice. It also confirmed it was in the process of collating further information falling within the scope of the request which it would send to the Commissioner in due course. The Commissioner-™s decision is that ESBC has not met the requirements of regulation 5 of the EIR as it failed to identify all information falling within the scope of the request and to consider the information to determine whether an exception or exceptions apply to any or all of the information. The Commissioner requires the public authority to either provide all information falling within the scope of the request to the complainant or issue a valid refusal notice in compliance with regulation 14 of the EIR. Information Tribunal appeal number EA/2011/0234 dismissed.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld