Information Commissioner's Office

Rugby Borough Council

6 October 2016, Local government (Borough council)

The complainant requested information about legionella test results at a named leisure centre from Rugby Borough Council (the ‘Council’). In response, the Council provided the information it held. However, the complainant alleged that more information was held because she was aware that there had been an incidence of legionella in August 2014 at that centre, and felt that insufficient information about it had been provided to her. During the investigation, the Commissioner found that more information falling within the scope of the requests was held by the Council, which was then provided to the complainant. The Commissioner’s decision is that the Council breached regulations 5(1) and 5(2) of the Environmental Information Regulations 2004 (the ‘EIR’) for failing to disclose all the information it held relevant to the requests by the time of its internal review. Additionally, the Commissioner has determined that on the balance of probabilities no further recorded information is now held by the Council.

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