Tuesday, February 14, 2006

Latest decisions

The Rugby case is worth noting as it covers the Environmental Information Regulations

Case Ref: FS50082265
Date: 13/02/06
Public Authority: Surrey County Council
Summary: The complainant alleged that the Council failed to comply with an information request within 20 working days of receipt. The Commissioner found that this was the case and so upheld the complaint. However, as the request was complied with outside the time limit the Decision Notice does not require the Council to take any further steps.
Section of Act/EIR & Finding: FOI s.10 Complaint Upheld.
Full Transcript of Decision Notice FS50088256

Case Ref: FS50072105
Date: 13/02/06
Public Authority: Rugby Borough Council
Summary: The complainant requested information about a planning application, and the Commissioner has found this request was not dealt with within 20 working days. Additionally, information was withheld from the response to the request without a valid reason, and without the issuing of a valid refusal notice. Therefore the Decision Notice requires the public authority to supply all information that was withheld without valid reason. In addition the complainant also alleged that the Council had not provided the information in the form requested, the Commissioner found no evidence of this and so this aspect of the complaint has not been upheld.
Section of Act/EIR & Finding: EIR r.5(1) Upheld, EIR r.5(2) Upheld, EIR r.6(1) Not Upheld, EIR r.14 Upheld.
Full transcript of Decision Notice FS50072105

Case Ref: FS50078524
Date: 13/02/06
Public Authority: Tandridge District Council
Summary: The Complainant requested information from the Council relating to a report written for it by a consultant. The requests contained a number of aspects and while the Council did partly respond it does not appear that the responses from the Council fulfilled the requirements of section 1 of the Act. The Decision Notice therefore requires the council to respond to all aspects of the original request in accordance to the Act.
Section of Act/EIR & Finding: FOI s.1 Complaint Upheld.
Full Transcript of Decision Notice FS50078524

Case Ref: FS50071802
Date: 08/02/06
Public Authority: Home Office
Section of Act/EIR & Finding: FOI s.1 - Complaint not upheld
Summary: On 4th January the complainant requested a copy of the 'Dunbar report, the findings of an inquiry conducted by Ian Dunbar into a riot which took place at HM Remand Centre Risley between 30th April and 3rd May 1989. The Home Office stated that the report could not be found. Following intervention from the Commissioner, the Home Office searched further and confirmed that there was no record of the report, concluding that it was not held. On the balance of evidence, the Commissioner has accepted this conclusion.
Full Transcript of Decision Notice FS50071802

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