Brighton & Hove City Council Breaches FOIA on Drive Request
Summary
The ICO has issued a Decision Notice finding that Brighton & Hove City Council breached FOIA requirements when handling an information request about a drive at a specific address. The council processed the request under FOIA section 21 (information accessible by other means) when it should have been handled under the Environmental Information Regulations (EIR). The ICO upheld complaints under EIR regulation 5(1) and regulation 14(1). The council is required to reconsider the request under the EIR and issue a fresh response to the complainant.
What changed
Brighton & Hove City Council mishandled an information request about the building of a drive by processing it under the Freedom of Information Act (FOIA) instead of the Environmental Information Regulations (EIR). The ICO determined that requests for environmental information must be handled under EIR, not FOIA, and that by using the wrong framework the council breached regulation 5(1) (duty to make environmental information available) and regulation 14(1) (duty to respond to requests). The council had sought to withhold information under FOIA section 21, which the ICO found was an incorrect approach for this type of request.
Public authorities handling information requests must correctly determine whether requests fall under FOIA or EIR based on whether the requested information is environmental in nature. The council must now reconsider the request under the EIR framework and provide a fresh response, disclosing any relevant environmental information unless specific EIR exceptions apply. This Decision Notice serves as guidance for other public authorities on properly categorising and processing information requests.
What to do next
- Reconsider the information request under the Environmental Information Regulations (EIR)
- Issue a fresh response to the complainant
- Ensure any environmental information relevant to the request is disclosed unless valid exceptions apply
Archived snapshot
Apr 14, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Brighton & Hove City Council
- Date 7 April 2026
- Sector Local government
- Decision(s) EIR 14(1): Upheld, EIR 5(1): Upheld The complainant requested information on the building of a drive at a specific address. Brighton & Hove City Council (the “council”) disclosed some information and withheld other information under section 21 of the FOIA (information accessible by other means). The Commissioner’s decision is that the request falls to be considered under the EIR and that, in handling the request under the FOIA, the council breached regulation 5(1) and regulation 14(1). The Commissioner requires the council to reconsider the request under the EIR and issue a fresh response to the complainant, ensuring that any environmental information relevant to the request is disclosed unless valid exceptions are applicable.
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