Cheshire West and Chester Council (Local government) [2019] UKICO fer0804465 (31 July 2019)
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Cheshire West and Chester Council
The complainant has requested information with regards to an independent investigation that was commissioned to look at planning issues connected with a school. Cheshire West and Chester Council (the council) refused the request relying on regulation 12(4)(b) of the EIR as it considered it was Manifestly Unreasonable. The council also sought to rely on regulation 12(5)(b) of the EIR – Course of justice and Legal professional privilege - to refuse this information. The Commissioner’s decision is that regulation 12(4)(b) of the EIR is engaged to the requested information and therefore did not go on to consider regulation 12(5)(b) of the EIR. The Commissioner also found that the council breached regulation 14(2) of the EIR as it provided its refusal notice outside the required 20 working days. As the council has responded and found that the information is exempt from disclosure, the Commissioner does not require it to take any steps.
EIR 12(4)(b):
Complaint not upheld
EIR 14(2):
Complaint upheld
Decision notice: fer0804465
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0804465.html
