London Borough of Merton

The complainant has requested information concerning cultivation notices and Notice to Quit letters issued by London Borough of Merton (the Council) to plot holders of the Cannizaro Allotments during 2023.  The Council originally processed the request under the Freedom of Information Act 2000 (FOIA).  They disclosed the number and dates of non-cultivation notices and Notice to Quit letters which had been issued during 2023.  The Council withheld the respective individual plot numbers and the reasons given by the plot holders for non-cultivation under section 40(2)(third party personal data) of FOIA, and in addition withheld the reasons given under section 41(1)(information provided in confidence by a third party).  The Council upheld their response at internal review.  During the Commissioner’s subsequent investigation, the Council provided the complainant with a revised response to his request under the provisions of the Environmental Information Regulations 2004 (EIR).  The Council withheld the above (i.e. non disclosed) information under regulation 13(1)(third party personal data) and in addition, withheld the reasons given by individual plot holders under regulation 12(5)(f)(interests of the person who provided the information).  The Commissioner’s decision is that regulation 13(1) applies to all the withheld information and that the Council were entitled to use the exception to withhold the same.  The Commissioner does not require the Council to take any further steps to ensure compliance with the legislation.