Hastings Borough Council (Local government) [2020] UKICO IC-38726 (4 December 2020)
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Hastings Borough Council
The complainant requested a copy of two letters, plus any other information held by Hastings Borough Council (the council) which had been recorded under a specified reference number. The council refused the request under regulation 12(5)(b) of the EIR. During the Commissioner’s investigation, the council withdrew its reliance on regulation 12(5)(b), now stating that it believed regulation 12(5)(e) of the EIR to be engaged. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) as its basis for withholding the requested information. She has also determined that the public interest weighs in favour of withholding the information in this instance. However, the Commissioner has found that the council has breached regulation 14(2) by failing to issue a refusal notice within 20 working days. In addition, the council has also breached regulation 11(4) by failing to provide its internal review response within the required 40 working days. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 11(4):
Complaint upheld
EIR 12(5)(e):
Complaint not upheld
EIR 14(2):
Complaint upheld
Decision notice: IC-38726
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URL: http://www.bailii.org/uk/cases/UKICO/2020/ic-38726.html
