Bristol City Council (Local government) [2023] UKICO 225769 (7 June 2023)
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Bristol City Council
The complainant has requested information relating to a landowner statement. The above public authority’s final position was to rely on regulations 12(5)(b) – course of justice – regulation 12(4)(d) – material in the course of completion – and regulation 12(4)(e) – internal communications – of the EIR to withhold information. The Commissioner’s decision is that the public authority has correctly relied on regulation 12(5)(b) to withhold some of the information and the balance of the public interest favours maintaining this exception. Most of the information also engages regulation 12(4)(e) and, where it does, the Commissioner is satisfied that the balance of the public interest favours maintaining that exception. None of the information engages regulation 12(4)(d). There is a small quantity of emails that do not engage any exception and must therefore be disclosed. The public authority also breached regulations 11 and 14 of the EIR in its handling of the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose, to the complainant, the emails identified in the confidential annex. The public authority should make appropriate redactions in line with its data protection obligations. Keywords/themes: stoke lodge playing fields
EIR 11:
Complaint upheld
EIR 12(5)(b):
Complaint partly upheld
EIR 12(4)(d):
Complaint upheld
EIR 14:
Complaint upheld
EIR 12(4)(e):
Complaint partly upheld
Decision notice: 225769
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URL: http://www.bailii.org/uk/cases/UKICO/2023/225769.html
