Tunbridge Wells Borough Council (Local government) [2021] UKICO ic-83769 (25 October 2021)


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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Tunbridge Wells Borough Council (Local government) [2021] UKICO ic-83769 (25 October 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-83769.html
Cite as: [2021] UKICO ic-83769

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Tunbridge Wells Borough Council

The complainants have requested information about a Tree Preservation Order (“TPO”), from Tunbridge Wells Borough Council (the “Council”). The Council disclosed information it held within the scope of the request, but withheld some citing the exceptions at sections 13 (Personal data) and 12(5)(b) (Course of justice) of the EIR. The Council later revised its position and no longer relied on either of these exceptions instead saying that it had incorrectly interpreted the request and that no information was held. The Commissioner’s decision is that the Council’s response did not comply with EIR regulation 5(2) as it was not provided to the complainants within 20 working days of their request. She also finds that, on the civil standard of the balance of probabilities, the Council does not hold any information so it complied with EIR regulation 5(1). No steps are required.

EIR 5(1): Complaint not upheld EIR 5(2): Complaint upheld

Decision notice: ic-83769

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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-83769.html