Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Royal Berkshire Fire Authority (Local government) [2019] UKICO fs50846849 (26 November 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50846849.html
Cite as: [2019] UKICO fs50846849

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Royal Berkshire Fire Authority

The complainant has requested information about ten buildings in Berkshire with aluminium composite material (“ACM”) cladding from Royal Berkshire Fire and Rescue Service (“RBFRS”). During the Commissioner’s investigation, RBFRS provided most of the requested information but refused to provide the remainder, citing section 38(1)(b) (health and safety) of the FOIA. It also considered that some information it had identified fell outside the scope of the request. In respect of the one high rise building for which RBFRS has refused to disclose any information, the Commissioner finds that section 38 is only partially engaged. Where engaged, the public interest lies in maintaining the exemption. In respect of the two buildings which RBFRS considers fall outside the scope of the request, the Commissioner’s decision is that they do fall within the request’s scope. In failing to clarify this aspect of the request, RBFRS breached section 16(1) of the FOIA. The Commissioner requires RBFRS to take the following steps to ensure compliance with the legislation. In respect of the one high rise building, disclose the type of building. In respect of the two buildings found to be in the scope of the request, RBFRS is required either disclose this information or issue a valid refusal notice in line with section 17 of the FOIA.

FOI 16: Complaint upheld FOI 38: Complaint partly upheld

Decision notice: fs50846849