ICO Decision on East Hampshire Council FOIA Complaint

ICO Decision Notices

Filed February 26th, 2026

Detected March 6th, 2026

Summary

The UK's Information Commissioner's Office (ICO) issued a decision regarding a complaint against East Hampshire Council concerning a Freedom of Information Act (FOIA) request. The ICO found the council was justified in withholding some information but had breached FOIA regulations in its initial handling of the request. No further steps are required from the council.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice concerning East Hampshire Council's handling of a Freedom of Information Act (FOIA) request for information about noise complaints. The ICO determined that while the council was justified in withholding certain information under regulations 12(5)(b) (the course of justice) and 13 (personal information), it had breached regulations 5(1) and 14(1) in its initial processing of the request. The decision also noted that the council initially handled the request under FOIA rather than the Environmental Information Regulations (EIR).

This decision confirms the council's right to withhold specific data but highlights procedural failings in its FOIA handling. As the ICO does not require further steps, the immediate operational impact on the council is minimal, though it serves as a reminder of proper information access request procedures. Regulated entities, particularly public authorities, should ensure their internal processes for handling information requests align with both FOIA and EIR requirements to avoid similar findings.

What to do next

Review internal procedures for handling FOIA and EIR requests to ensure compliance with all applicable regulations.

Source document (simplified)

East Hampshire District Council

Date 26 February 2026
Sector Local government
Decision(s) EIR 12(5)(b): Not upheld, EIR 13: Not upheld, EIR 14(1): Upheld, EIR 5(1): Upheld The complainant requested information about noise complaints relating to a specific venue. Thurrock Council (the “council”) disclosed some information and withheld other information under regulation 12(4)(d) (unfinished documents), regulation 12(5)(b) (the course of justice) and regulation 13 (personal information). The Commissioner’s decision is that the council was entitled to withhold the requested information under regulation 12(5)(b) and regulation 13 but that, in initially handling the request under the FOIA, it breached regulation 5(1) and regulation 14(1). The Commissioner does not require the council to take further steps.