Cheltenham Borough Council
- Date 31 March 2026
- Sector Local government
- Decision(s) EIR 12(4)(a): Not upheld
The complainant requested information held by Cheltenham Borough Council (the council) about a potential loan taken out to cover an overspend on the budget for the Minster Exchange development project. Whilst the council handled the request under FOIA, the Commissioner considers the EIR to be the correct access regime. However, he has decided that, on the balance of probabilities, the requested information is not held by the council, and it is therefore entitled to rely on regulation 12(4)(a) (information not held) of the EIR to refuse the complainant’s request.