Middlesbrough Council (Local government) [2019] UKICO fer0755158 (7 March 2019)
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Middlesbrough Council
The complainant requested from Middlesbrough Council (the Council) information relating to the planning application about a specific property in Middlesbrough. The Council disclosed some information and withheld other information under the EIR - regulations 12(4)(e) (internal communications) and 12(5)(f) (interests of information provider).The Commissioner’s decision is that the Council failed to respond within the statutory time limits and breached regulation 5(2). She has concluded that the exception at regulation 12(4)(e) is engaged. However, the balance of the public interest favours disclosure of the information. The Commissioner also finds the Council’s reliance of regulation 12(5)(f) was incorrectly applied. The Commissioner requires the Council to take the following step to ensure compliance with the legislation. Subject to paragraph 45 of this notice, disclose the requested information to the complainant. The Council must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Freedom of Information Act and may be dealt with as a contempt of court.
EIR 12(4)(e):
Complaint upheld
EIR 5(2):
Complaint upheld
EIR 12(5)(f):
Complaint upheld
Decision notice: fer0755158
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0755158.html
