Hastings Borough Council (Local government) [2020] UKICO fs50845649 (11 May 2020)
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Hastings Borough Council
The complainant requested copies of correspondence sent between a named officer at Hastings Borough Council (the council) and a geotechnical engineering company within a specified time period. Whilst the council provided the complainant with copies of some emails, it redacted certain information which it regarded to fall outside the scope of the request. During the Commissioner’s investigation, the council confirmed that it had, in error, failed to release a copy of an email dated 23 January 2015 in response to the request. The Commissioner has decided that part of the information redacted by the council falls within the scope of the request and should have been supplied to the complainant. She also regards there to be a small amount of additional information that is relevant to the request which the council failed to consider for disclosure. It is the Commissioner’s decision that this information should also be released to the complainant. Whilst the council did provide some information to the complainant in response to his request, as it failed to do so within the prescribed 20 working days, the Commissioner has found that it has breached regulation 5(2) of the EIR. Furthermore, as the council has failed to communicate all the information to which the complainant was entitled, the Commissioner concludes that there has been a breach of regulation 5(1) of the EIR. The Commissioner requires the council to release the email dated 23 January 2015, and the additional information which has been identified as being relevant to the request.
EIR 5(1):
Complaint upheld
EIR 5(2):
Complaint upheld
Decision notice: fs50845649
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50845649.html
