Darlington Borough Council

The complainant requested from Darlington Borough Council a copy of the assessment made by the Local Government Ombudsman in relation to a complaint made by a developer of a neighbouring property. The council relied on regulation 12(5)(d) to withhold information. The Commissioner decided that some of the information was the complainant’s personal data and therefore requested the council to treat part of the request as a subject access request under the Data Protection Act 1998. In respect of the remaining information, the Commissioner decided that the council had correctly applied regulation 12(5)(d) and therefore had rightly withheld it.