Gateshead Council (Local government) [2023] UKICO 172948 (23 January 2023)
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Gateshead Council
The complainant requested information with regards to ownership of land. Gateshead Council (the council) identified that the majority of the request was not a request for recorded information, but were questions asking for explanations or opinions, and so it was not required by the EIR to respond. For the part that was a request for recorded information, the council initially stated the information was not held. At internal review, it amended its response to refuse the request as vexatious under section 14(1) of the Freedom of Information Act 2000 (the FOIA). During the Commissioner’s investigation, the council determined the request should have been handled under the EIR, and no longer considered the request vexatious. It instead refused the request under regulation 12(4)(a) of the EIR – information not held. The Commissioner’s decision is that the information is not held and therefore regulation 12(4)(a) of the EIR is engaged.
EIR 12(4)(a):
Complaint not upheld
Decision notice: 172948
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URL: http://www.bailii.org/uk/cases/UKICO/2023/172948.html
