Gloucestershire County Council (Local government) [2020] UKICO fer0896002 (21 January 2020)
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Gloucestershire County Council
The complainant requested consultation responses received by the council regarding its Cheltenham Transport Plan Phase 4 - Boots Corner. The council refused the request on the basis that Regulation 12(4)(d) (unfinished or incomplete information) applied to withhold the information. On 30 October 2019 the Commissioner issued decision notice FS50836564 requiring the council to respond to the complainant again. The council responded again, relying upon Regulation 12(4)(b) to withhold the information (manifestly unreasonable requests). However, during the course of the Commissioner's investigation the council informed the Commissioner that after reconsidering its position it had now published redacted copies of the information via a weblink and informed the complainant that it had done so. The Commissioner has therefore considered whether the council has complied with Regulation 5(2) of the EIR. Her decision is that it has failed to comply with the requirements of Regulation 5(2) in that it did not disclose the information within 20 working days of receiving the request for information. The Commissioner does not require the council to take any steps.
EIR 5(2):
Complaint upheld
Decision notice: fer0896002
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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fer0896002.html
