Complaint against East Riding of Yorkshire Council
Decision Notice Published 31 July 2009 by the UK Information Commissioners Office
Legal basis
- UK Freedom of Information Act 2000
- UK Environmental Information Regulations 2004
Key dates of the case
- 16.01.09 The Complainant made request for information to East Riding of Yorkshire Council (The public sector information holder).
- 30.01.09 East Riding of Yorkshire Council responded to the Complainant under the Freedom of Information Act and stated that the information was not environmental information and did not release the information.
- 3.02.09 Complainant responded to East Riding of Yorkshire Council requesting an internal review of the Council’s decision and further clarified the request.
- 15.02.09 East Riding of Yorkshire Council responded and disagreed with the Complainant.
- 17.02.09 The complainant lodged an appeal with the UK Information Commissioners Office.
- 26.03.09 East Riding of Yorkshire Council wrote to the Information Commissioners Office with copy to the Complainant.
- 30.03.09 The Complainant wrote to the Information Commissioners Office about the letter and East Riding of Yorkshire Council latest position regarding the charge for Environmental Information.
- 15.05.09 The Information Commissioner requested the East Riding of Yorkshire Council to provide the withheld information to the Information Commissioners Office.
- 2.06.09 The Information Commissioner asked the East Riding of Yorkshire Council what records had been inspected to provide the answer supplied from the 15 May 2009 request.
- 8.07.09 The Information Commissioners Office contacted the East Riding of Yorkshire Council to clarify the Councils position.
- 27.07.09 UK Information Commissioners Office issues decision notice in favour of the complainant.
- 31.07.09 Information Commissioner publishes decision notice on the ICO July Decision notices web page.
Online decisions and public reporting
Information Commissioners Office – July 2009 Decisions
The published Decision notice from the Information Commissioners Office web site
Outline of Case
Summary (Copied from the Decision Notice Reference: FER0236058)
"The complainant made a request to inspect the building control and traffic schemes information within 200 metres of a named address. The Council agreed to provide the information requested but only on the provision of a fee based on the property search regulations. The Council argued that it was allowed to charge for the information under regulation 8(1) as the information was not in a public register and could not be inspected without further collation by the Council. The Commissioner has investigated and found that the request is a request to inspect environmental information but that the Council cannot charge for the information by virtue of regulation 8(2)(b). The Council must make the information available for inspection in accordance with regulation 5(1) within 35 calendar days of this notice."
Case Notes
East Riding of Yorkshire Council
Information Commissioners Office
Related European-PSI-Platform news items
Case last updated: 31 July 2009