30 January 2017, Local government (Borough council)
The complainant has requested information regarding a survey of the drainage system on a specified road. Swindon Borough Council (the Council) originally relied on regulation 12(4)(a) and stated the information was not held. Following the intervention of the Commissioner, the Council widened its interpretation of the scope of the request and disclosed information to the complainant. The Commissioner’s decision is that the Council has complied with regulation 5(1) of the EIR and made available all information held falling within the scope of the request. The Commissioner does, however, find the Council breached regulation 5(2) by failing to disclose the information within the statutory time frame. As the Council has disclosed the information held, the Commissioner does not require it to take any remedial steps.
EIR 5(1): Not upheld EIR 5(2): Upheld