ICO Decision Notice: London Borough of Hillingdon

ICO Decision Notices

Filed February 26th, 2026

Detected March 6th, 2026

Summary

The UK's Information Commissioner's Office (ICO) issued a decision notice against the London Borough of Hillingdon for failing to disclose requested information under the Environmental Information Regulations (EIR). The ICO found that the council wrongly withheld documents and breached multiple EIR regulations, including timeliness requirements.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice against the London Borough of Hillingdon, upholding a complainant's request for information concerning an agreement with developers regarding library provision. The council had refused to disclose two key documents, citing exceptions under EIR regulations 12(4)(e), 12(5)(e), and 12(5)(f). The ICO determined these exceptions were not engaged and found the council in breach of EIR regulations 14(2) and 14(3) for failing to disclose information and specifying exceptions, as well as regulation 11(4) for exceeding internal review timelines.

The London Borough of Hillingdon is required to disclose the withheld information within 30 calendar days of the decision notice. Failure to comply could result in the ICO certifying the non-compliance to the High Court, potentially leading to contempt of court proceedings. This case highlights the importance of accurate application of EIR exceptions and adherence to statutory timelines for information disclosure and internal reviews by public authorities.

What to do next

Disclose the withheld Principal Agreement and Library Agreement documents.
Ensure future compliance with EIR disclosure timelines and exception application.
Review internal processes for handling EIR requests and internal reviews.

Penalties

Failure to comply may result in written certification to the High Court and may be dealt with as a contempt of court.

Source document (simplified)

London Borough of Hillingdon

Date 26 February 2026
Sector Local government
Decision(s) EIR 11(4): Upheld, EIR 12(4)(e): Upheld, EIR 12(5)(e): Upheld, EIR 12(5)(f): Upheld, EIR 14(3): Upheld, EIR 14(2): Upheld The complainant has requested, from the London Borough of Hillingdon (the council), information about an agreement between the council and developers concerning the provision of a library. The council confirmed holding two documents – a “Principal Agreement” (PA) and a “Library Agreement” (LA) – but has refused to disclose them, on the basis of regulations 12(4)(e), 12(5)(e) and 12(5)(f) of the EIR (respectively, the exceptions for internal communications, the confidentiality of commercial or industrial information and the interests of the person who provided the information). The Commissioner’s decision is that those exceptions aren’t engaged. He also finds that the council breached regulations 14(2) and 14(3) (refusal to disclose information), and regulation 11(4) (representations and reconsideration), because (respectively) it provided its refusal later than 20 working days after receiving the request; it failed to specify an exception on which it later came to rely; and it provided the outcome of its internal review later than 40 working days after receiving the internal review request. The Commissioner therefore requires the council to disclose the withheld information, to ensure compliance with the legislation. The council must take this step within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Freedom of Information Act 2000 and may be dealt with as a contempt of court.