Hartlebury Parish Council
- Date 2 November 2022
- Sector Local government
- Decision(s) EIR 12.5.b: Not upheld, EIR 14.3: Upheld
The complainant requested a copy of a survey report commissioned by Hartlebury Parish Council (“HPC”) in respect of works carried out as part of a community project. The Commissioner’s decision is that HPC breached regulation 14(3) of the EIR as incorrectly issued its refusal under FOIA and not the EIR. The Commissioner’s decision is that HPC is entitled to rely on regulation 12(5)(b) of the EIR – the course of justice, to withhold the requested information. The Commissioner does not require HPC to take any steps as a result of this decision notice. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2022/0380 appeal allowed in part.