Local Government Ombudsman

The complainant requesed information relevant to the investigation of a complaint he had made to the public authority against Cornwall Council. The public authority withheld the relevant information on the basis of section 44 of the Freedom of Information Act (statutory prohibition on disclosure) and regulation 12(5)(d) (confidentiality of proceedings) of the Environmental Information Regulations 2004 (the EIR). During the course of the investigation, the public authority disclosed part of the withheld information. The Commissioner finds that the remainder of the disputed information is ‘environmental’ within the meaning of the EIR and was also correctly withheld on the basis of the exception at regulation 12(5)(d). Information Tribunal appeal number EA/2011/0254 dismissed.