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Somerset County Council

  • Date 31 March 2016
  • Sector Local government
  • Decision(s) EIR 5.1: Upheld, EIR 5.2: Upheld

The complainant requested information relating to communications between Somerset County Council (the Council) and individuals at utility companies. The Council refused this request under regulation 12(5)(b) of the EIR as it considered disclosure would adversely affect the course of justice. The Council’s reasoning for this is that it would affect the result of a pending inquiry. Following the outcome of the inquiry the complainant resubmitted her request. The Council acknowledged the request but has not provided a response to the complainant which meets with its obligations under the EIR. In doing so it has breached regulations 5(1) & 5(2). The Commissioner requires the public authority to issue a substantive response to the complainant’s request of 27 January 2016.