London Borough of Tower Hamlets (Local government) [2021] UKICO IC-56221 (15 March 2021)
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London Borough of Tower Hamlets
The complainant submitted a request to the London Borough of Tower Hamlets (the Council) containing a number of questions about the ‘Liveable Streets’ project in Bethnal Green. The Council provided some information in response to the request, explained that some information was not held, and refused part of the request on the basis of section 12(1) (cost limit) of FOIA. The complainant raised a number of grounds of complainant with the Commissioner. In the Commissioner’s view the Council should have considered the request under the EIR rather than FOIA. However, the Commissioner is satisfied that, following the provision of further information to the complainant during the course of her investigation, that the Council has identified and disclosed all of the information it holds which the complainant is entitled to under the EIR. The Commissioner has also concluded that the Council is entitled to refuse to comply with part of the request on the basis of regulation 12(4)(b) (manifestly unreasonable) of the EIR and that it is entitled to withhold some information on the basis of regulation 13(1) (personal data) of the EIR. However, the Commissioner has concluded that the Council breached regulation 5(2) of the EIR by failing respond to the complainant’s request within 20 working days.
EIR 13(1):
Complaint not upheld
EIR 12(4)(b):
Complaint upheld
Decision notice: IC-56221
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-56221.html
