Breckland District Council (Local government) [2023] UKICO 218499 (7 August 2023)
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Breckland District Council
The complainant has requested a copy of the registers of land and building assets. Breckland District Council (the Council) provided some information but withheld other information under section 21 (information accessible to the applicant by other means) of the FOIA. The Commissioner’s decision is that the Council failed to confirm or deny exactly what information is held relevant to the request,it failed to carry out appropriate searches in order to identify all information it holds relevant to the request, and incorrectly applied section 21 to withhold UPRNs. The Commissioner requires Council to issue a fresh response to the complainant that considers all of the information falling within the scope of the request and either disclose the information or, in respect of any information it wishes to withhold, issue a refusal notice within the meaning of section 17 of FOIA providing a basis for withholding the information. As the Commissioner has determined that section 21 is not engaged the Council will be unable to rely on this exemption in relation to UPRNs held relevant to the request.
FOI 21:
Complaint upheld
FOI 1:
Complaint upheld
Decision notice: 218499
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URL: http://www.bailii.org/uk/cases/UKICO/2023/218499.html