Information Commissioner's Office

Hampshire County Council

5 October 2015, Local government (County council)

The complainant has requested information regarding testing for legionnaires bacterium at a specific care home. During the Commissioner’s investigation Hampshire County Council supplied some information. The complainant alleged that more was held. The Commissioner investigated and found that more information falling within the scope of the request was held. He finds that Hampshire County Council breached regulation 5(1) and 5(2) of the Environmental Information Regulations 2004 (“the EIR”) for failing to disclose all the information it held. The Commissioner also found that that on the balance of probabilities no further information is now held. The Commissioner requires the public authority to disclose to the complainant the interim reports dated 5 February 2014 and 19 February 2014. The public authority must take this step within 35 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 Act and may be dealt with as a contempt of court.

EIR 5(1): Partly upheld EIR 5(2): Partly upheld