Rotherham Metropolitan Borough Council

The complainant requested speed survey data from 2005. Rotherham Metropolitan Borough Council (the ‘Council’) denied holding the requested information. The Commissioner’s decision, on the balance of probabilities, is that the Council does not hold the requested information. However, as the Council issued its refusal notice more than 20 working days after receiving the request, it breached section 10(1) of FOIA. The Commissioner does not require the Council to take any remedial steps to ensure compliance with the legislation.