London Borough of Ealing
- Date 8 January 2019
- Sector Local government
- Decision(s) EIR 11.4: Upheld, EIR 11(5): Upheld, EIR 5.1: Upheld, EIR 5.2: Upheld
The complainant has requested information concerning the internal planning procedures of London Borough of Ealing (the Council). The Council provided the complainant with relevant information held but withheld some information under regulation 13 (personal information) of the EIR.
The Commissioner’s decision is that, following her investigation, the Council provided the complainant with all the relevant information held except that exempt under regulation 13 (third party personal data). However, the Council incorrectly applied the exception to the sender/recipient details of emails sent to and received by the applicant in the planning matter related to the complainant’s request. The Commissioner therefore requires the Council to take the following steps to ensure compliance with the legislation.
- Provide the complainant with the sender/recipient details of emails sent to and received by the applicant.
The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
The Commissioner has also found that in handling the complainant’s request, the Council breached regulation 5(1) and 5(2) of the EIR by failing to make environmental information available. The Council also unreasonably and excessively delayed in providing the information to the complainant. Additionally, the Council breached regulation 11(4) and 11(5) by failing to conduct an internal review within 40 working days.