Canal and River Trust (Education) [2020] UKICO fs50869216 (16 March 2020)
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Canal and River Trust
The complainant has requested all lease agreements granted between the Canal and River Trust (the CRT) and the Pike Anglers’ Club (PAC) for the period from March 2013 to present day, including the lease costs for the fishing rights of a stretch of the Lancaster canal. Initially, the CRT refused the request under section 14(2) of the FOIA. It however later disclosed the recorded information it holds, with redactions made under sections 40 and 43 of the FOIA. No complaint was made in respect of the application of section 40 of the FOIA. But the complainant did raise concerns over whether the CRT had identified all recorded information held and the application of section 43. During the Commissioner’s investigation it was established that the request should have been considered under the EIR. The CRT confirmed that it now wished to rely on regulation 12(5)(e) of the EIR. The Commissioner’s decision is that on the balance of probabilities no further recorded information is held to that already identified. In relation to the application of regulation 12(5)(e) of the EIR, the Commissioner has decided that the CRT is entitled to rely on this exception and that the public interest rests in maintaining the exception. She has however found the CRT in breach of regulation 11 of the EIR, as it failed to carry out the internal review within 40 working days of receipt.
EIR 12(5)(e):
Complaint not upheld
EIR 11:
Complaint upheld
Decision notice: fs50869216
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50869216.html
