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City of York Council
The complainant has requested information held by City of York Council (the council) relating to the legal status of a particular road. The council refused to provide the information requested, citing regulation 13 – personal information, regulation 12(5)(b) - course of justice, and regulation 12(5)(f) - interests of the information provider, of the EIR. During the Commissioner’s investigation, the council stated that it also considered regulation 11(4)(b) – manifestly unreasonable, of the EIR, to be engaged. The Commissioner finds that the council has failed to demonstrate that any of the exceptions cited are engaged in respect of part 1 of the request. The Commissioner is satisfied that the council is entitled to rely on regulation 13 when withholding all the information relevant to part 2 of the request (with the exception of that information which also relates to part 1 of the request). With regard to part 3 of the request, it is the Commissioner’s decision that the council has breached regulation 9 of the EIR, as it failed to ensure that it had obtained an objective reading of this part of the request. The Commissioner also finds that there has been a breach of regulation 14(2) of the EIR, as the council failed to issue a refusal notice within 20 working days. The Commissioner requires the council to release the information relevant to part 1 of the request, and contact the complainant to seek clarification of part 3 of the request.
EIR 11(4):
Complaint upheld
EIR 14(2):
Complaint upheld
EIR 9:
Complaint not upheld
EIR 12(5)(b):
Complaint upheld
EIR 13:
Complaint not upheld
EIR 12(5)(f):
Complaint upheld
Decision notice: ic-84867
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-84867.html
