London Borough of Hammersmith and Fulham

The complainant has requested information on penalty charge notices (“PCNs”)
fining out of borough drivers using particular roads during the “Clean Air
Neighbourhood” scheme. The Council refused the request in reliance on FOIA
section 22 – information intended for future publication. The Commissioner’s
decision is that the request should have been considered under the EIR not
FOIA. As the Council maintained its response under FOIA and the EIR does not
contain a similar exception to the section 22 exemption the Commissioner
requires the Council to respond to the complainant and the Commissioner under
the EIR.
The public authority must take these steps within 35 calendar days of the date
of this decision notice. Failure to comply may result in the Commissioner making
written certification of this fact to the High Court pursuant to section 54 of the
Act and may be dealt with as a contempt of court.