Hampshire County Council
- Date 24 March 2021
- Sector Local government
- Decision(s) EIR 12.4.b: Not upheld, EIR 14.3: Upheld, EIR 9.1: Not upheld
The complainant requested information about two different types of statutory notices issued by Hampshire County Council (the council) under the Highways Act 1980. The council issued a refusal notice to the complainant, initially citing section 12(1) of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigation the council revised its position, confirming that it now wished to rely on regulation 12(4)(b) of the EIR when refusing to comply with the request. The Commissioner’s decision is that the council is entitled to rely on regulation 12(4)(b) of the EIR. Furthermore, as it has offered reasonable advice and assistance to the complainant, it has complied with regulation 9(1). However, by failing to initially deal with request under the EIR, the Commissioner has found that the council has breached regulation 14(3). The Commissioner does not require the council to take any steps as a result of this decision notice.