Stratford-on-Avon District Council (Local government) [2022] UKICO 112985 (3 October 2022)
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Stratford-on-Avon District Council
The complainant requested communications between Stratford-on-Avon District Council (the ‘Council’) and a specified company in relation to a Memorandum of Understanding (‘MoU’) for an airfield. The Council handled the request under the EIR. It provided some of the requested information with redactions for personal information (Regulations 12(3) and 13 of the EIR) and withheld the remainder in its entirety under Regulation 12(5)(b), the exception for the course of justice. During the course of the Commissioner’s investigation, the Council revised its position several times and also made some further disclosures. Ultimately, the Council relied on Regulation 12(5)(b), Regulation 12(4)(d) – material in the course of completion, 12(5)(d) – confidentiality of proceedings, 12(5)(e) - confidentiality of commercial or industrial information and 12(5)(f) - interests of the person who provided that information. Further into the investigation, the Council again revised its stance. The complainant confirmed he did not wish the Commissioner to consider some of the information withheld under Regulations 12(3) and 13 – personal data – and has not has not challenged the Council’s reliance on this for other parts of the disclosed information. The Commissioner has not considered this aspect further. The Commissioner’s decision is that the Council was correct to consider the request under the EIR for the reasons set out in this notice. For the reasons set out in this notice, he also finds that the Council correctly applied Regulations 12(4)(d), 12(5)(d), 12(5)(e) and 12(5)(f) to the withheld information as described in this notice. The Commissioner has not found it necessary to consider the Council’s reliance on Regulation 12(5)(b) as the information withheld under this exception was considered instead under Regulation 12(5)(d). The Commissioner does not require the Council to take any steps to ensure compliance with the legislation.
EIR 12(5)(d):
Complaint not upheld
EIR 12(4)(d):
Complaint not upheld
EIR 12(5)(e):
Complaint not upheld
EIR 12(5)(f):
Complaint not upheld
Decision notice: 112985
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URL: http://www.bailii.org/uk/cases/UKICO/2022/112985.html
