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Bristol City Council

  • Date 10 February 2023
  • Sector Local government
  • Decision(s) EIR 12.4.b: Upheld, EIR 14.2: Upheld

The complainant submitted two requests for information held by Bristol City Council (the council) about Stoke Lodge Playing Fields. Whilst the council initially refused both requests under section 14 of FOIA, it later changed its position, now relying on the exception at regulation 12(4)(b) - manifestly unreasonable, of the EIR, to refuse both requests. Whilst the Commissioner finds that the EIR is the correct information access regime, he has decided that the council is not entitled to rely on regulation 12(4)(b) as its basis for refusing either request. The Commissioner has also found a breach of regulation 14(2) of the EIR, as the council failed to issue a refusal notice in response to either request within 20 working days. The Commissioner requires the council to reconsider and respond to Request 1 and Request 2 again, without relying on regulation 12(4)(b) of the EIR. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0139 under appeal.