Cassington Parish Council (Local government) [2020] UKICO fer0836684 (28 January 2020)
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Cassington Parish Council
The complainant requested information relating to a road closure held by the council. The council disclosed the information during the course of the Commissioner's investigation, arguing that the information had been provided to the complainant previously by email in June 2019. The complainant argues that he did not receive this email or any of the attached information but accepts that he has now received the information for this request following this disclosure. He also made a request for a copy of the email header which demonstrates that the information was provided to him in June 2019. The council did not however respond to this. The Commissioner’s decision is that the council has failed to comply with the requirements of Regulation 5(2) of the EIR in that it did not respond to the complainant's initial request within 20 working days. She has also decided that the council has failed to comply with the requirements of Regulation 5(1) in that it failed to respond to the complainant's request for the email header. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To respond to the complainant's request for the email header as required by Regulation 5(2) of the EIR.
EIR 5(1):
Complaint upheld
EIR 5(2):
Complaint upheld
Decision notice: fer0836684
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0836684.html
