Hastings Borough Council (Local government) [2020] UKICO fer0832391 (9 March 2020)
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Hastings Borough Council
The complainant has requested a copy of a report held by Hastings Borough Council (the council) which relates to advice about the repair and potential realignment of certain footpaths within Hastings Country Park. The council provided the complainant with a copy of the report in a redacted format. It advised that the information that had been withheld was exempt from disclosure under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) in respect of only part of the withheld information. Furthermore, the Commissioner is satisfied that the public interest favours maintaining regulation 12(5)(e) in respect of this information. With regards to the remaining information that has been withheld by the council, the Commissioner has concluded that regulation 12(5)(e) is not engaged. The Commissioner also finds that the council has breached regulation 5(2) as it failed to provide its response within 20 working days. In addition, by failing to issue a refusal notice within the same prescribed time frame, the council has breached regulation 14(2) of the EIR. The Commissioner requires the council to disclose the withheld information which is highlighted in the Confidential Appendix attached to this decision notice.
EIR 5(2):
Complaint upheld
EIR 12(5)(e):
Complaint partly upheld
EIR 14(2):
Complaint upheld
Decision notice: fer0832391
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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fer0832391.html
