Oldham Metropolitan Borough Council (Local government) [2024] UKICO 271052 (17 April 2024)
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Oldham Metropolitan Borough Council
The complainant requested information about the formulation of Oldham’s Town Investment Plan. Oldham Council (the Council) provided some information and stated that other information was available online. Following an internal review the Council stated that further information relevant to the request had been identified but it was considered exempt under regulations 12(4)(e) (internal communications) and 12(5)(f) (interests of the provider), 12(5)(e) (confidentiality of commercial or industrial information) and 13 (personal data) of the EIR. During the course of the Commissioner’s investigation the Council stated that it was now relying on regulation 12(4)(b) (manifestly unreasonable) of the EIR on the grounds that to comply with the request would incur an unreasonable burden on its resources. The Commissioner’s decision is that the Council is entitled to rely on regulation 12(4)(b) (manifestly unreasonable) to refuse to provide the requested information. However, he finds that the Council failed to provide reasonable advice and assistance and therefore failed to meet its obligations under regulation 9 of the EIR. The Commissioner also finds that the Council breached regulation 11 of the EIR by failing to complete its internal review within 40 working days. The Commissioner requires the Council to provide the complainant with advice and assistance to help them submit a less burdensome request. EIR 12(4)(b) – complaint not upheld, EIR 9 – complaint upheld, EIR 11 - complaint upheld
EIR 9:
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
EIR 11:
Complaint upheld
Decision notice: 271052
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URL: http://www.bailii.org/uk/cases/UKICO/2024/271052.html
