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Decision Summary

  • Case Ref: FS50210350
  • Date: 1 March 2010
  • Public Authority: West Sussex County Council
  • Summary: The complainant made a number of requests for information relating to consultation responses held by the Council. The Council dealt with the requests under the Freedom of Information Act 2000 (“the FOIA”) and stated that it did not hold the information requested. The Information Commissioner (“the Commissioner”) investigated and decided that the Council should have considered the requests under the Environmental Information Regulations 2004 (“the EIR”). He also considered that the Council incorrectly claimed that the requested information was not held on the basis that it would require too much skill and judgement to collate it or that extracting the information would amount to the creation of “new information”. The Commissioner has ordered the Council to carry out steps in relation to each of the requests. He also found that the Council breached regulation 14(2) and 14(3)(a).
  • View PDF of Decision Notice: .pdf