1 December 2016, Local government (Borough council)
The complainant made a request for information on 28 March 2016. The council did not respond to the complainant until 16 May 2016. Further to this the council did not respond to the complainant explaining that some of the requested information was not held by it until 11 July 2016. The Commissioner’s decision is that the council has failed to comply with Regulation 5 (2) in that it failed to respond to the complainant's request within 20 working days. Whilst the council did seek to use Regulation 7(1) of the Act to extend its time for responding to the request to 40 working days it failed write to the complainant informing him of this within the initial 20 working day period as required by Regulation 7(3). The Commissioner does not require the council to take any steps.
EIR 5: Upheld