Cheltenham Borough Council - Information Not Held (EIR 12(4)(a))
Summary
The ICO issued a Decision Notice finding that Cheltenham Borough Council did not act incorrectly in refusing an Environmental Information Regulations request for details about a potential loan for the Minster Exchange development project. The Commissioner determined that on the balance of probabilities, the requested information is not held by the council, allowing it to rely on regulation 12(4)(a) to refuse the request.
What changed
Cheltenham Borough Council refused a request for information about a potential loan covering an overspend on the Minster Exchange development project. The ICO found the council correctly handled the request under the Environmental Information Regulations (rather than FOIA) and determined that on the balance of probabilities, the requested information is not held by the council. The complaint was not upheld.
Local authorities and public bodies receiving similar EIR requests should ensure they maintain thorough records of searches conducted and can demonstrate that information is genuinely not held before relying on regulation 12(4)(a). The ICO's decision reinforces that the information access regime (EIR vs FOIA) depends on the nature of the requested information, with environmental information falling under EIR.
What to do next
- Monitor for similar EIR requests and ensure consistent application of regulation 12(4)(a)
- Document searches thoroughly when responding to EIR requests to demonstrate information not held
Archived snapshot
Apr 8, 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.
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.
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