North Yorkshire Council

The complainant submitted a two-part request for information held by North Yorkshire Council (the council) about an investigation into alleged noise nuisance at a particular property. The council initially issued a refusal notice under the Freedom of Information Act 2000 (FOIA), citing section 40 (third party personal information) for part 1, and section 12(1) (cost limits) for part 2. At internal review, the council confirmed that it should have considered the request under the EIR. It refused part 1 under regulation 13 (personal information), and part 2 under regulation 12(4)(b) (manifestly unreasonable) of the EIR. The Commissioner’s decision is that, on the balance of probabilities, the council has identified all of the information held falling within scope of part 1 of the request, and is entitled to rely on regulation 13 to withhold this information. The Commissioner has also decided that the council is entitled to rely on regulation 12(4)(b) to refuse part 2 of the request, and has complied with its duty under regulation 9 to offer appropriate advice and assistance to the complainant. However, as the council failed to issue a refusal notice within the statutory 20 working days, the Commissioner has found a breach of regulation 14(2) of the EIR.