Dacorum Borough Council

The complainant has requested information relating to a leak of hydrochloric acid in a server room at the council in 2002. The council responded saying that it did not hold any. The Commissioner has decided that relevant information was held at the time of the initial request, however the council did not identify that it held that information. The information was subsequently destroyed by the council (in accordance with the council’s records retention policy), and so is not now available for disclosure to the complainant. The Commissioner decision is that the council did not comply with section 1(1)(a) of the Act in that it did not inform the complainant that it held relevant information, nor did it then consider that information for disclosure to her. The Commissioner’s decision is that on a balance of probabilities the council does not hold any information falling within the scope of the complainant's request.

The Commissioner does not require the council to take any steps.