Blackburn With Darwen Borough Council (Decision Notice): ICO 26 Sep 2011

The complainant has requested information principally arising from a noise complaint made to Blackburn with Darwen Borough Council. This included a request to inspect his property file. The Commissioner’s decision is that the Council has correctly claimed that it does not hold some of the information specified by the complainant as falling within the scope of his request. However, the Commissioner considers that the Council failed to respond to the complainant’s request to inspect his property file in accordance with regulation 6 of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the information on the property file to the complainant in an alternative format, such as a print-out or electronically, subject to any relevant disbursement costs that accord with regulation 8(8) of the EIR. If and where the Council considers that any or all of the information is exempt information, the Council should issue a refusal notice that specifies the exception(s) in the EIR it is seeking to rely on and includes an explanation demonstrating why the exception(s) applies. Information Tribunal appeal number EA/2011/0237 dismissed.
Section of Act/EIR and Finding: EIR 6 – Complaint Upheld
References: [2011] UKICO FER0369377
Links: Bailii
Jurisdiction: England and Wales

Last Update: 16 November 2020; Ref: scu.530800