Somerset Council

The complainant has requested information about a report of damage to a listed building. Somerset Council (“the Council”) initially withheld the requested information, citing section 31 (law enforcement) of FOIA as its basis for doing so. During the Commissioner’s investigation, the Council revised its position and disclosed the requested information, whilst accepting that the request fell under the EIR. The Commissioner’s decision is that, on the balance of probabilities, the Council has disclosed all information within the scope of the request. However, as the Council failed to provide the information within 20 working days of receipt of the request, the Commissioner finds that the Council breached regulation 5(2) of the EIR. The Commissioner does not require the Council to take further steps.