Information Commissioner's Office

Croydon London Borough Council

24 October 2016, Local government (Borough council)

The complainant has requested information from the London Borough of Croydon (the “Council”) regarding the measurement and filling in of a hole in a pavement which he considered to be a trip hazard. The Council responded to the request and to further follow-up requests made by the complainant but he remained dissatisfied. Following the intervention of the Commissioner, the Council reviewed this matter and located two further photographs and further detail concerning the measurement of the hole which had not been sent to the complainant. These have now been provided to him. The Council has confirmed to the Commissioner that no further information is held. The Commissioner’s decision is that in responding to the initial request in 21 working days and in failing to provide all the information it held, the Council is in breach of regulation 5(1) and 5(2) of the EIR. In failing to provide the complainant with a refusal notice under the EIR with respect to information the Council has confirmed it does not hold, the Commissioner finds the Council to be in breach of regulation 14(1) and (2) of the EIR. The Council also failed to respond to a follow-up request within 20 working days and this is also a breach of regulation 5(2).

EIR 5(1)(2): Upheld EIR 12(4)(a): Not upheld EIR 14(1)(2): Upheld