From FOIwiki
Jump to navigationJump to search

Decision Summary

  • Case Ref: FER0069117
  • Date: 12 February 2007
  • Public Authority: Staffordshire Moorlands District Council
  • Summary: The Commissioner’s decision is that the Council has not dealt with the complainant’s request in accordance with Part I of the Act. He considers that the information requested by the complainant constitutes environmental information. Therefore the information is exempt under section 39 of the Act and the request should have been dealt with under the Environmental Information Regulations 2004 (‘EIR’). The Commissioner is satisfied that the exceptions in Regulations 12 (4) (e) and 12 (5) (b) apply to the requested information, however in this case the public interest in maintaining the exception does not outweigh the public interest in disclosure. Therefore the Council has breached Regulation 5 in failing to disclose information to the complainant. The Commissioner has therefore ordered the Council to disclose the requested information to the complainant.
  • View PDF of Decision Notice: [1]