London Borough of Lewisham (Local government) [2023] UKICO 223318 (19 July 2023)
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London Borough of Lewisham
Summary wording for website: The complainant requested information relating to the London Borough of Lewisham’s (the “Council’s”) decision not to fit doubleglazed windows to the complainant’s building in 1995. The Commissioner’s decision is that the Council failed to identify that the information sought by the request falls under the Environmental Information Regulations 2004 (“EIR”). However, the Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the requested information and has therefore discharged its duty under regulation 5(1) of the EIR. However it did not issue a refusal notice that complied with regulation 14(3)(a) as the request should have been refused relying on the exception in regulation 12(4)(a) of EIR (information is not held). In addition, the Council did not properly discharge its duty under regulation 10(1) of the EIR (transferring a request). The Commissioner does not require the Council to take any steps.
EIR 12(4)(a):
Complaint not upheld
EIR 14(3)(a):
Complaint upheld
EIR 10(1):
Complaint upheld
Decision notice: 223318
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URL: http://www.bailii.org/uk/cases/UKICO/2023/223318.html
