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Teignbridge District Council (Decision Notice); ICO 9 Jan 2012

References: [2012] UKICO FS50419393
Links: Bailii
ICO The complainant requested the following: details of procedures followed by Teignbridge District Council’s Planning Service Lead officer in determining a planning application submitted by the complainant’s client; details of an investigation into a complaint made by the complainant’s client against the PSL and the name of the handling solicitor; and a copy of the PSL’s employment contract, details of their remuneration. The complainant also asked for confirmation that the PSL was leaving the council’s employment and details of any associated severance/remuneration package. The Commissioner’s decision is the following: in failing to provide details of the investigation report within 20 working days and failing to handle this element of the request under the correct legislation, the council breached regulation 5(2) of the EIR; in relation to the request for details of the investigation report, in issuing a refusal under the FOIA and failing to correct this at the internal review, the council breached regulation 14 of the EIR; in relation to the request for details of the PSL’s severance package, the council correctly relied upon section 40(2) of the FOIA in withholding the information. The Commissioner does not require the public authority to take any steps. Information Tribunal appeal number EA/2012/0028 dismissed.
Section of Act/EIR & Finding: FOI 40 – Complaint Not upheld, EIR 5 – Complaint Upheld, EIR 14 – Complaint Upheld

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