Information Commissioner's Office

Crawley Borough Council

13 April 2015, Local government (Borough council)

The complainant has requested a copy of a contract between Biffa and Crawley Borough Council (the council). The council did not provide the information as it stated that the contract was still being finalised and a copy would be provided once complete. It later advised that the complete contract was not held. During the Commissioner’s investigations the council confirmed that the contract was not complete at the time of the request and that is why it was not provided at the time. A copy of the contract was later provided to the complainant once it had been completed and signed off. The Commissioner’s decision is that the council has breached regulation 14(3)(a) of the EIR in that it did not include an exception when refusing to provide the contract. The Commissioner has also found that the council breached regulation 14(5)(a) of the EIR as it did not inform the complainant of his rights to request an internal review. As the complainant has now received a copy of the contract, the Commissioner does not require the council to take any steps. However he has made additional comments about the councils handling of this request in the “Other matters” section at the end of the decision notice which he would expect the council to take note of.

EIR 14(3)(a): Upheld EIR 14(5)(a): Upheld