ICO Decision Notice: Nottingham City Council EIR Complaint Upheld
Summary
The UK's Information Commissioner's Office (ICO) upheld an Environmental Information Regulations (EIR) complaint against Nottingham City Council for breaches related to a planning application information request. The council mishandled the request, breaching time limits and reconsideration procedures, although some exceptions were deemed valid.
What changed
The Information Commissioner's Office (ICO) has issued a decision notice upholding parts of a complaint against Nottingham City Council concerning a request for information related to a planning application. While the Council was found to have validly withheld some information under certain exceptions, its handling of the request breached regulations concerning time for compliance, representations and reconsideration, and refusal to disclose information. The ICO noted that the Council initially withheld information under different exceptions before revising its position to rely on the 'manifestly unreasonable requests' exception.
Although the ICO does not require further steps beyond referring the Council to specific points, this decision highlights the importance of strict adherence to the Environmental Information Regulations' procedural requirements, including timely responses and proper application of exceptions. Public authorities must ensure their internal processes for handling information requests are robust to avoid breaches and potential further action. The decision serves as a reminder of the ICO's oversight role in ensuring compliance with information access laws.
What to do next
- Review internal procedures for handling Environmental Information Regulation requests to ensure compliance with time limits and exception application.
- Ensure all staff involved in information requests are trained on relevant regulations and ICO guidance.
- Document all communications and decisions related to information requests thoroughly.
Source document (simplified)
Nottingham City Council
- Date 19 February 2026
- Sector Local government
- Decision(s) EIR 11(4): Upheld, EIR 12(4)(b): Not upheld, EIR 14(2): Upheld, EIR 5(2): Upheld The complainant has requested information relating to a planning application. Nottingham City Council initially responded to the request by disclosing some information, and explaining that the remainder was withheld under the exceptions provided by regulation 12(4)(e) (Internal communications) and regulation 13 (Personal data). During the course of investigation, the Council revised its position, and instead sought to withhold the information under regulation 12(4)(b) (Manifestly unreasonable requests) on the grounds of cost. The Commissioner’s decision is that regulation 12(4)(b) is engaged and that the balance of the public interest favours maintaining the exception. However, the Council’s handling of the request breached regulation 5(2) (Time for compliance), regulation 11(4) (Representations and reconsideration) and regulation 14(2) (Refusal to disclose information). The Commissioner does not require further steps, but refers the Council to the points raised in ‘Other matters’.
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