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London Borough of Lambeth

  • Date 18 March 2024
  • Sector Local government
  • Decision(s) EIR 12.4.b: Not upheld, EIR 9: Not upheld, FOI 12: Not upheld, FOI 16: Not upheld

The complainant has requested information concerning correspondence with Prince William on the subject of homelessness and housing from the London Borough of Lambeth (the “Council”). The Council ultimately refused to comply with the request as it claimed that to confirm or deny whether any information was held would exceed the cost limit at section 12(2) of FOIA.
The Commissioner’s decision is that some of the requested information, if held, would be environmental as defined by the EIR. There is no equivalent ‘neither confirm nor deny’ provision within the EIR regulations, so the Commissioner has determined that the Council was entitled to refuse those parts of the request by virtue of the exception in Regulation 12(4)(b) (Manifestly unreasonable) of the EIR. For the remainder of the request, the Council was entitled to rely on section 12(2) of FOIA.
The Commissioner also finds that the Council complied with its obligations under Regulation 9 of the EIR and section 16 of FOIA to offer advice and assistance. No steps are required.