Information Commissioner's Office

Rotherham Metropolitan Borough Council

14 March 2017, Local government (Borough council)

The complainant requested information relating to Rotherham Metropolitan Borough Council (the Council)’s 'Final Sites and Policies' document. The Council cited section 21 of the FOIA (information accessible to applicant by other means). It also provided the complainant with advice and assistance, citing section 16 of the FOIA. The complainant disputed that the Council had provided the requested information. During the course of the Commissioner’s investigation, the Council confirmed that, contrary to its original responses, it did not hold the requested information. The Commissioner has investigated whether the Council held information within the scope of the request. Her decision is that, on the balance of probabilities, the Council did not hold the requested information. However, by failing to inform the complainant that it did not hold information of the description specified in his request, the Council breached section 1(1)(a) of the FOIA. The Commissioner requires no steps to be taken as a result of this decision.

FOI 1: Partly upheld