London Borough of Hammersmith and Fulham

The complainant has requested copies of engineering reports related to Hammersmith Bridge from the London Borough of Hammersmith and Fulham (the “Council”). The Council initially handled the request under FOIA and refused to provide the information under FOIA sections 24 and 38 (national security and health and safety respectively). At internal review, it revised its position and Casework created date: (From E088 report)cited the equivalent EIR exception for national security (regulation 12(5)(a) but also inferred that it could refuse the request under regulation 12(4)(b) – manifestly unreasonable on the grounds of cost. The Commissioner’s decision is that the Council can rely on regulation 12(4)(b) as its basis for refusing to provide the requested information. It breached the requirements of regulation 11 by failing to conduct an internal review within 40 working days. No steps are required.