Flintshire County Council (Local government) [2023] UKICO 241440 (17 July 2023)
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Flintshire County Council
The complainant requested, from Flintshire County Council (the Council), information about communication between the Council and the site owner of a residential park, relating to the land. The complainant wanted information “particularly in relation to applications for a site licence and enforcement of the conditions of the site licence”. The Council handled the request under the EIR and refused to provide any information, citing (in its internal review) regulation 12(5)(b) and 12(4)(e) (the course of justice and internal communications exceptions). The exception that the complaint focuses on is regulation 12(5)(b). The Commissioner’s decision is that the Council is entitled to withhold information under regulation 12(5)(b). However he also finds that the Council breached regulation 11(4) because it took more than 40 working days to provide its internal review. The Commissioner does not require any steps as a result of this decision notice.
EIR 11(4):
Complaint upheld
EIR 12(5)(b):
Complaint not upheld
Decision notice: 241440
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URL: http://www.bailii.org/uk/cases/UKICO/2023/241440.html
