Cherwell District Council (Local government) [2024] UKICO 274058 (30 May 2024)
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Cherwell District Council
The complainant has requested information held by Cherwell District Council (the council) about legal advice it received in relation to a particular planning matter. The Council issued a refusal notice, citing regulation 12(5)(b)(course of justice), of the EIR. The council confirmed that it also considered regulation 12(4)(e)(internal communications), of the EIR to apply to part of the requested information. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(b) of the EIR in respect of all of the withheld information. However, as the council failed to issue both the refusal notice, and its internal review response, within the statutory timeframes, the Commissioner has found a breach of regulation 14(2), and regulation 11(4), of the EIR, respectively.
EIR 11(4):
Complaint upheld
EIR 12(5)(b):
Complaint not upheld
EIR 14(2):
Complaint upheld
Decision notice: 274058
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URL: http://www.bailii.org/uk/cases/UKICO/2024/274058.html
