Information Commissioner rules against Flintshire Council’s refusal to release FOI data
The Information Commissioner’s Office (ICO) has ruled against Flintshire County Council’s refusal to release data on street lighting following a resident’s request under the Environmental Information Regulations (EIR).
The Council initially denied the request, arguing it was “manifestly unreasonable” due to the burden it would place on council resources.
However, the ICO disagreed, ordering Flintshire to issue a new response within 30 days.
The request, filed in January 2024, sought detailed information on street lighting policies, safety compliance, and environmental impact assessments.
Specifically, the resident’s enquiry covered aspects such as street light safety standards, maintenance practices, energy efficiency measures, and potential impacts on biodiversity, especially concerning lights installed by the developer Redrow.
The council responded in April, claiming the request was ‘vexatious’ under EIR regulation 12(4)(b), asserting that the large volume of emails from the resident, along with what it described as “hostile language,” placed an unreasonable burden on its staff.
Flintshire officials cited past interactions with the resident, which they claimed affected staff wellbeing and included extensive correspondence over several months.
However, the ICO determined that the council’s refusal did not meet the criteria for “manifestly unreasonable” requests.
The ICO’s decision noted that while the resident had communicated frequently, the content of those communications had not been shared with the Commissioner.
“Without more evidence to show that the content of the emails went beyond [a reasonable level of challenge],” the ICO stated, it could not conclude that the communications were vexatious.
Moreover, the ICO found that the council had not provided sufficient evidence that the requested information had already been given to the complainant or that staff had faced distress beyond the level of public scrutiny expected in their roles.
The ICO acknowledged the council’s concerns but concluded that the public interest in transparency and environmental accountability outweighed any potential disruption from fulfilling the information request.
It noted that the requested data could provide insights into the council’s compliance with energy efficiency standards, safety protocols, and environmental protections, which are key public concerns.
In light of these findings, the ICO directed Flintshire County Council to release a new response to the resident’s request in compliance with EIR, without invoking regulation 12(4)(b).
The council now has 30 days to respond or risk further action, which could include court involvement if the directive is not met.
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