Brighton and Hove City Council (Local government) [2023] UKICO 189256 (28 February 2023)
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Brighton and Hove City Council
The complainant has requested information relating to the planning department’s involvement with a property. The Commissioner’s decision is that Brighton and Hove City Council (the Council) has correctly applied Regulation 12(4)(b) when refusing this request for information. The Commissioner also finds that the Council breached: Regulation 9 as it failed to provide any advice and assistance to the complainant when refusing the request. Regulation 14 as the Council failed to provide a refusal notice within 20 working days. Regulation 11 as it failed to conduct an internal review within 40 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide the complainant with advice and assistance to help them to refine their request to one that does not impose a manifestly unreasonable burden. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
EIR 9:
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
EIR 11:
Complaint upheld
EIR 14:
Complaint upheld
Decision notice: 189256
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URL: http://www.bailii.org/uk/cases/UKICO/2023/189256.html
