Shropshire Council (Local government) [2019] UKICO fs50802726 (27 March 2019)
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Shropshire Council
The complainant has requested information about land it had purchased from Shropshire Council (the “Council”). The Council advised him that it did not hold most of the requested information but did provide him with a copy of a Compulsory Purchase Order, with some names and addresses redacted under section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that the Council wrongly handled the request under the FOIA. In failing to consider the request under the EIR, it breached the requirement of regulation 14 of the EIR. The Council also breached regulation 5(2) of the EIR in failing to respond within 20 working days and regulation 11(4) of the EIR by failing to reconsider the complainant’s representations within 40 working days. The Commissioner finds that the Council was entitled to rely on regulation 13 (personal information) of the EIR to withhold the requested information. No steps are required.
EIR 11:
Complaint upheld
EIR 13:
Complaint not upheld
EIR 14:
Complaint upheld
EIR 5:
Complaint upheld
Decision notice: fs50802726
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50802726.html
