Information Commissioner's Office

Royal Borough of Kensington and Chelsea

15 June 2015, Local government (Borough council)

The complainant has requested information from the Royal Borough of Kensington and Chelsea (“the Council”) relating to the number of reported leaking roofs at Estella House in Henry Dickens Court and the remainder of the estate. The Commissioner’s decision is that the Council has provided the complainant with all the information it holds that falls within the scope of his request. He has also determined that the Council is under no duty to provide substitute reference numbers to the information that has been redacted and disclosed. However the Council incorrectly handled the request under the FOIA. The Commissioner has determined that the request is for environmental information and should therefore have been considered under the EIR. In wrongly handling the request under the FOIA, the Council has breached regulation 14(1) of the EIR. As the Commissioner upholds the Council’s position that no further information is held, he requires the Council to take no steps.

EIR 12(4)(a): Not upheld EIR 14(1): Upheld