Information Commissioner's Office

West Midlands Fire Service

16 November 2015, Health (Other)

The complainant requested a list of the exact locations of all fire hydrants and canal access hatches in the West Midlands Fire Service (WMFS) area. WMFS refused this request under the exemptions provided by sections 24(1) (national security) and 38(1) (endangerment to health and safety) of the FOIA. The Commissioner’s decision is that WMFS cited section 24(1) correctly in relation to locations of fire hydrants and so it was not obliged to disclose that information. However, in relation to locations of canal access hatches the conclusion of the Commissioner is that neither sections 24(1) nor 38(1) are engaged and so WMFS is now required to disclose that information. The Commissioner requires WMFS to disclose the information recording the locations of canal access hatches. WMFS must take these steps 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 FOIA and may be dealt with as a contempt of court.

FOI 24: Partly upheld FOI 38: Upheld