West Berkshire Council (Local government) [2020] UKICO fs50886424 (21 May 2020)
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West Berkshire Council
The complainant requested from West Berkshire Council (“the Council”) information regarding the agenda papers and minutes of the Environment Advisory Group (EAG) and the Transport Advisory Group (TAG). The Council responded to the request under the FOIA. It withheld the information under sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) (prejudice to the effective conduct of public affairs) of the FOIA. During the investigation, the Council was directed by the Commissioner to reconsider the request under the EIR. The Council reconsidered the request and applied regulation 12(4)(e) (internal communications) to withhold the information. The Commissioner finds that the Council initially handled the request incorrectly under the FOIA and in doing so breached regulation 5(1) and regulation 14(1) of the EIR. The Commissioner’s decision is that the Council correctly applied regulation 12(4)(e) of the EIR to the withheld information. Therefore, the Commissioner does not require the Council to take any steps as a result of this decision.
EIR 12(4)(e):
Complaint not upheld
Decision notice: fs50886424
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50886424.html
