Westminster City Council

The complainant has requested the council to disclose its entire investigation file into the ceiling collapse at the Apollo Theatre, London on 19 December 2013. The council refused to disclose this information citing regulations 12(4)(e), 12(5)(d) and 12(5)(f) of the EIR. During the Commissioner’s investigation, the council also claimed a late reliance on regulations 12(5)(b) and 12(5)(e) of the EIR. The Commissioner first considered the application of regulation 12(5)(b) of the EIR and she has decided that this exception has been applied appropriately to all the withheld information. She therefore does not need to consider any other exceptions cited or require any further action to be taken by the council. It was however noted that the council failed to carry out an internal review within 40 working days of receipt. The Commissioner has therefore recorded a breach of regulation 11 of the EIR in this case.