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Cumbria County Council

  • Date 6 October 2021
  • Sector Local government
  • Decision(s) EIR 12.4.a: Partly upheld

The complainant has requested information relating to a school crossing patrol which is no longer in place. The council initially disclosed some information however the complainant said that this relates to a different crossing patrol. The council argues that no further information is held relating to the specific crossing patrol which the complainant is referring to. During the Commissioner's investigation the council did find one document which falls within the scope of the complainant's request for information which the Commissioner requires it to disclose to the complainant. The Commissioner’s decision is that, other than this document, on a balance of probabilities, the council was correct to apply Regulation 12(4)(a) on the basis that it does not hold any further information which falls within the scope of the complainant's request for information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: to disclose a copy of the School Crossing Patrol Guidance (2014) to the complainant. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0329 appeal dismissed.