FT/EA/2024/0464 - [2025] UKFTT 01131 (GRC)

The Council held further information than that which had been provided to him and was therefore in breach of regulation 5 of the EIR;

The Council had given misinformation to the Appellant and should therefore be investigated for a breach of regulation 19 of the EIR;

The decision of the Commissioner was based on the information held by the Council as of the current date, rather than being based on the information held by the Council at the time of his request, and therefore the Decision Notice was wrong. The Commissioner had failed to investigate if the information sought was held at the time that the request was made;

The Council had committed an oversight in failing to provide him with information from both the public CCTV cameras and the waste collection CCTV pursuant to his request;

The date on the CCTV from the bin lorry that he had subsequently been provided with pursuant to his second EIR request displayed the date of 21 October 2021 and not 26 May 2023;

On the balance of probabilities, the Council did not provide him with all of the requested information that they held at the time that the request was made.