Bethersden Parish Council (Local government) [2020] UKICO fs50831315 (6 March 2020)
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Bethersden Parish Council
The complainant requested various information, including information regarding the planning, tendering, construction and payment for repair works due to be carried out on two footpaths. Bethersden Parish Council (the Council) initially refused the request under section 12 of the FOIA. During the course of the Commissioner’s investigation, it subsequently refused the request under regulation 12(4)(b) of the EIR on the basis that it was vexatious. The Commissioner’s decision is that the request was vexatious and the Council was, therefore, entitled to rely on regulation 12(4)(b) to refuse the request. She also finds that the public interest lies in maintaining the Council’s application of the exception. However, as the Council failed to both specify the EIR exception under which it was refusing the request and explain its consideration of the public interest within the time for compliance, the Commissioner also finds that the Council breached regulation 14 of the EIR. The Commissioner does not require the Council to take any steps.
EIR 14:
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
Decision notice: fs50831315
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50831315.html
