London Borough of Richmond upon Thames
- Date 2 June 2023
- Sector Local government
- Decision(s) EIR 11.4: Upheld, EIR 12.4.e: Partly upheld, EIR 12.5.b: Not upheld, EIR 14(2): Upheld, EIR 5.3: Not upheld
The complainant requested information held by the London Borough of Richmond upon Thames (the council) relating to the stopping up of a particular highway. The Commissioner is satisfied that the council is entitled to withhold some of the requested information under regulation 5(3) – personal data, and regulation 12(5)(b) of the EIR – course of justice. The Commissioner also considers that the exception at regulation 12(4)(e) of the EIR - internal communications, is engaged; however, he has found that the public interest favours the disclosure of part of the information that is subject to this exception. As the council failed to issue a refusal notice within 20 working days, and failed to carry out an internal review within 40 working days, the Commissioner has found a breach of regulation 14(2) and 11(4) of the EIR, respectively. The Commissioner requires the council to disclose the information highlighted within the confidential annex attached to this decision notice.