ICO Decision on Isle of Wight Council Planning Complaints

ICO Decision Notices

Filed March 5th, 2026

Detected March 10th, 2026

Summary

The UK's Information Commissioner's Office (ICO) issued a decision regarding Isle of Wight Council's handling of planning complaint information requests. The ICO found the council was entitled to withhold some information but had breached regulations in its initial handling of the request under FOIA.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice concerning Isle of Wight Council's handling of a request for information related to planning complaints. The council initially handled the request under the Freedom of Information Act (FOIA) and later reconsidered it under the Environmental Information Regulations (EIR). The ICO determined that while the council was justified in withholding certain information under EIR regulations 13 (personal information) and 5(3) (interests of the information provider), it had breached EIR regulation 14(1) by initially mishandling the request under FOIA.

Although a breach was identified, the ICO has not required the council to take further steps. This decision serves as a reminder for local government bodies to ensure accurate application of FOIA and EIR regulations when processing information requests, particularly concerning personal data and third-party confidence. Compliance officers should review internal procedures for handling such requests to avoid similar breaches.

What to do next

Review internal procedures for handling information requests under FOIA and EIR.

Source document (simplified)

Isle of Wight Council

Date 5 March 2026
Sector Local government
Decision(s) EIR 13: Not upheld, EIR 14(1): Upheld, EIR 5(3): Not upheld The complainant requested information relating to planning complaints about their property. Isle of Wight Council (the “council”) disclosed some information and withheld other information under section 40 (personal information) and section 41 (information provided in confidence) of FOIA. The council subsequently reconsidered the request under the EIR and confirmed that it was withholding information under regulation 12(5)(f) (interests of the information provider) and regulation 13 (personal information). The Commissioner’s decision is that the council was entitled to rely on regulation 13 and regulation 5(3) to withhold the information but that in initially handling the request under the FOIA, it breached regulation 14(1). The Commissioner does not require the council to take further steps.