Derbyshire County Council (Local government) [2022] UKICO 135965 (8 November 2022)


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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Derbyshire County Council (Local government) [2022] UKICO 135965 (8 November 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/135965.html
Cite as: [2022] UKICO 135965

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Derbyshire County Council

The complainant requested from Derbyshire County Council (‘the council’) information relating to the council’s actions against a landowner. The landowner erected a wall which the council argues blocks part of the highway. The council withheld information under Regulation 12(5)(b) (course of justice), and Regulation 12(4)(e) (internal communications). It also argued that no information is held as regards some letters to third parties (Regulation 12(4)(a)).The Commissioner’s decision is that the council was correct to apply Regulation 12(5)(b) and Regulation 12(4)(a) to withhold information. However, he considers that one letter to a third party should be disclosed, suitably redacted to protect the rights of the individual under Regulation 13. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose a copy of the council’s letter to a complainant dated 28 April 2021, redacted as stated.

EIR 12(4)(a): Complaint partly upheld EIR 12(5)(b): Complaint not upheld EIR 12(4)(e): Complaint not upheld

Decision notice: 135965

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URL: http://www.bailii.org/uk/cases/UKICO/2022/135965.html