Hinckley and Bosworth Borough Council

The complainant has requested copies of all correspondence between particular parties relating to a specific planning application. Hinckley and Bosworth Borough Council (“the Council”) cited section 12 of the FOIA to refuse the request. The Commissioner’s view is that the request should have been handled under the Environmental Information Regulations (“the EIR”) as opposed to the Freedom of Information Act (“the FOIA”). The Commissioner’s decision is that although the Council was incorrect to rely on section 12 to refuse the request, she is of the view that the request was manifestly unreasonable. Therefore it was correct to refuse the request however it should have cited regulation 12(4)(b) of the EIR. The Commissioner is also of the view that the Council has provided adequate advice and assistance in order to help identify the focus of the complainant’s research with a view to answer the request. However, as the Council discovered it held more information that it initially said it did, over 20 working days after the request was made, it has breached regulation 5(2). The Commissioner requires no further steps to be taken by the Council.