The Commissioner’s decision is that in handling these two linked requests, Westminster City Council has breached regulation 5(1) and 5(2) of the EIR by failing to make environmental information available. The Commissioner considers that Westminster City Council has breached regulation 9(1) by failing to provide reasonable advice and assistance and breached regulation 10(1). Additionally, Westminster City Council has breached regulation 11(4) and 11(5) by failing to conduct an internal review within 40 working days.
The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
Issue a fresh response to the complainant which complies with regulation 5 of the EIR by disclosing the requested information or issue a refusal notice which complies with regulation 14.
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 FOIA and may be dealt with as a contempt of court.
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