London Borough of Southwark

The complainant requested a copy of a report produced following an investigation relating to very serious cases of fly-tipping at Camberwell Old, Camberwell New, and Nunhead cemeteries. The public authority refused to comply with the request on the basis of section 14 FOIA (vexatious request). During the course of the Commissioner’s investigation, it relied on the exception at regulation 12(4)(b) (manifestly unreasonable request) of the EIR in the alternative. The Commissioner found that the request should have been handled under the EIR and that the public authority should not have refused the request on the basis of regulation 12(4)(b).