Information Commissioner's Office

Cheshire East Council

23 October 2017, Local government (County council)

The complainant has made two requests for information about a road defect. The complainant disputes that he has not received all held recorded information in response. The Commissioner’s decision is that Cheshire East Council has complied with regulation 5(1) in respect of Request 1, but has breached regulation 5(2). In respect of Request 2 (Parts 1 and 2), the Commissioner finds that the Council has breached regulation 9(1), and in respect of Request 2 (Part 3) the Commissioner finds that, on the balance of probabilities, further recorded information may be held by the Council. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. In respect of Request 2 (Part 1), provide advice and assistance to the complainant so as to enable him to submit a clarified request. Such advice and assistance to include the query of which specific repair the recorded information is sought for, and an explanation of what recorded information is held that may be relevant to the request. In respect of Request 2 (Part 2), provide advice and assistance to the complainant so as to enable him to submit a clarified request. Such advice and assistance to include the query of which specific repair the recorded information is sought for. In respect of Request 2 (Part 3), undertake further searches for recorded information that would fall within the parameters of the request, and issue a fresh response to the complainant that complies with regulation 5(1).

EIR 5(1): Upheld EIR 5(2): Upheld EIR 9: Upheld