London Borough of Merton

The complainant requested information from London Borough of Merton (the Council) about its carriage and footway maintenance programmes. The Information Commissioner’s decision is that the Council did not deal with the request under the correct legislation. Access to environmental information should be considered under the Environmental Information Regulations 2004 (the ‘EIR’). The Information Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: to provide the information requested in compliance with regulation 5(1); or issue a valid refusal notice that complies with regulation 14 of the EIR.