Dorset County Council (Local government) [2022] UKICO 124392 (15 September 2022)
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Dorset County Council
The complainant has requested information from Dorset Council (“the Council”) in relation to communications concerning a named highway. The Council provided them with some information, however it stated that it did not hold information within the scope of the remaining requested information. The Commissioner’s decision is that the Council has not produced sufficient evidence for the Commissioner to conclude that, on the balance of probabilities, the Council holds no information within the scope of the relevant part of the request, therefore, regulation 12(4)(a) is not engaged. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Issue a fresh response to the request as per paragraph 27 of this decision notice stating whether it holds any information within the scope of this interpretation of the request and, if it does, it should either disclose that information or issue a refusal notice that complies with regulation 14 of the EIR.
EIR 12(4)(a):
Complaint upheld
Decision notice: 124392
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URL: http://www.bailii.org/uk/cases/UKICO/2022/124392.html