Bath and North East Somerset Council (Local government) [2023] UKICO 227869 (5 October 2023)
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Bath and North East Somerset Council
The complainant asked for a copy of a noise report and correspondence between named individuals regarding the report. During the Commissioner’s investigation, Bath and North East Somerset Council (the Council) published the noise report. Regarding the requested correspondence, it has disclosed information, but withheld other information under the exception for third party personal information. The complainant is unhappy about the time taken by the Council to provide an internal review. They also consider that further correspondence is held in scope of the request. The Commissioner’s decision is that, on the balance of probabilities, the Council holds no further information in scope of the request. However, he finds that the Council breached regulation 11(4) of the EIR as it did not provide its internal review outcome within 40 working days; and breached regulation 5(2) in respect of an email chain that was disclosed late, during the Commissioner’s investigation. The Commissioner does not require the Council to take any steps as a result of this decision.
EIR 11(4):
Complaint partly upheld
EIR 5(2):
Complaint partly upheld
Decision notice: 227869
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URL: http://www.bailii.org/uk/cases/UKICO/2023/227869.html