London Borough of Hounslow (Local government) [2024] UKICO 247989 (23 February 2024)
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London Borough of Hounslow
The complainant has requested all correspondence relating to particular planning applications. The Council responded with some information redacted in reliance of EIR regulation 13 – personal information. The Council relied on regulation 12(4)(e) – internal communications to withhold further information. The Council relied on the same exceptions to withhold further information found during the course of the Commissioner’s investigation. The Council also relied on FOIA section 21 to refuse to provide information already in the public domain. The Commissioner’s decision is that regulation 12(4)(e) is engaged but the public interest favours disclosure. The Council was not correct in citing FOIA section 21 although it had complied with its duties under regulation 5 by directing the applicant to its website. To ensure compliance with the legislation the Commissioner requires the Council to disclose the withheld internal communications including senior officers’ names but with redactions for junior officers’ personal data. 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 the Act and may be dealt with as a contempt of court.
EIR 13(1):
Complaint not upheld
EIR 12(4)(e):
Complaint upheld
Decision notice: 247989
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URL: http://www.bailii.org/uk/cases/UKICO/2024/247989.html
