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Information Commissioner's Office |
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You are here: BAILII >> Databases >> Information Commissioner's Office >> Gravesham Borough Council (Decision Notice) [2011] UKICO FS50266379 (31 January 2011) URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50266379.html Cite as: [2011] UKICO FS50266379 |
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Summary: The complainant asked the Council to release copies of all emails, memorandums, letters, notes and other forms of communication relating to Urban Gravesham that had passed between three council employees during the 12 month period preceding the date of his request. The Council replied advising the complainant that the cost to comply with his request would exceed the appropriate limit prescribed by the Act and therefore his request had been refused under section 12. As the complainant remained dissatisfied he approached the Commissioner. The Commissioner investigated the complaint and determined that some of the requested information would be of an environmental nature. He therefore concluded that the request should have been considered under both the Act and the EIR. As the Council did not deal with the request under the EIR, the Commissioner cannot make any judgement under this legislation. He has, however, considered the Council-™s application of section 12 of the Act. The Commissioner concluded that the Council-™s calculation of costs was unreasonable and not supported by evidence and therefore section 12 of the Act is not engaged. The Commissioner has therefore requested the Council to reconsider the complainant-™s request and either release the requested information to him or issue a further refusal notice which complies with section 17 of the Act and regulation 14 of the EIR within 35 days of the notice.
Section of Act/EIR & Finding: FOI 12 - Complaint Upheld, FOI 17 - Complaint Upheld
