Cheshire West and Chester Council (Local government) [2022] UKICO 146398 (14 November 2022)
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Cheshire West and Chester Council
The complainant, a law firm acting on behalf of a client, requested information held by Cheshire West and Cheshire Council (the council) about an abatement notice issued to a particular farm. Whilst the council initially refused the request in its entirety under regulation 12(3) of the EIR – third party personal data, and regulation 12(5)(b) of the EIR – course of justice, at the internal review stage it then released some of the information. The council has now gone on to provide the complainant with all of the information that they required. As the council failed to issue the refusal notice, and carry out an internal review, within the appropriate statutory time periods, the Commissioner has found a breach of regulation 14(2), and regulation 11(4), of the EIR, respectively. Furthermore, as the council has only recently identified (and released) some of the information held that is relevant to the request, the Commissioner has found a breach of regulation 5(2) of the EIR in respect of this information.
EIR 11(4):
Complaint upheld
EIR 5(2):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: 146398
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URL: http://www.bailii.org/uk/cases/UKICO/2022/146398.html
