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Decision Summary

  • Case Ref: FS50154310
  • Date: 2 September 2008
  • Public Authority: Bridgnorth District Council
  • Summary: The complainant requested a number of items relating to the maintenance of a septic tank serving his property and maintained by Bridgnorth District Council (the “Council”). The Council refused the request and cited the exemption under section 12 of the Freedom of Information Act 2000 (the “Act”) that the appropriate limit would be exceeded if the Council was to respond to the requests. The Commissioner decided that the information requested at eight points of the request constitutes environmental information and those points should therefore be dealt with under the Environmental Information Regulations 2004 (the “EIR”). The Commissioner upheld the exception under regulation 12(4)(b) that the request covered by the EIR is manifestly unreasonable. He also found that the Council was entitled to apply section 12 of the Act to the entire request and did not need to respond to the request under the Act, but that the Council should have confirmed or denied what information is held in accordance with section 1(1)(a). The Commissioner’s decision is that the Council should offer advice and assistance to the complainant as to how to narrow his request under the EIR so that it is no longer manifestly unreasonable, in accordance with regulation 9 of the EIR and the Code of Practice issued under regulation 16.
  • View PDF of Decision Notice: [1]