Information Commissioner's Office

Summary: The complainant requested information about planned works on two named roads over a period of 9 years; he subsequently reduced the scope of his request from 9 years to 3 years. The Council provided some of the information which it held electronically but refused to search its manual records stating that to do so for the 9 year period initially requested would exceed the cost limit set out by section 12 of the Freedom of Information Act, and that it could not be certain that it held any manual records relevant to the request. The Commissioner has found that the request should have been considered under the Environmental Information Regulations and that the relevant exception would be 12(4)(b), he has decided that it would not be manifestly unreasonable to comply with the refined request. The Commissioner is also not convinced by the arguments supplied in relation to the original request being manifestly unreasonable. However the complainant has confirmed that information for 3 years (the refined request) would be sufficient for his needs. The Commissioner therefore requires the Council to carry out these searches in relation to the refined request and either provide the complainant with any information it finds or issue a refusal notice which is compliant with the EIR.
Section of Act/EIR & Finding: EIR 9 - Complaint Not upheld, EIR 12.4.b - Complaint Upheld, EIR 14 - Complaint Upheld