Sandwell Metropolitan Borough Council

The complainant has requested information about the public conveniences at Adkins Lane, Smethwick and negotiations regarding their sale. Sandwell Metropolitan Borough Council (“the council”) responded by providing information but withholding some of the requested information under section 40(2) of the FOIA. The council also stated that it did not hold some of the requested information. During the Commissioner’s investigation the council agreed that the request should have been considered under the Environmental Information Regulations 2004 and that it wished to rely on regulation 13 for the information it had withheld. The Commissioner’s decision is that the council is entitled to rely on regulation 13 to refuse to provide the information it withheld. However, the council breached regulation 5(2) by disclosing information beyond the statutory timeframe. She does not require any further action to be taken. Information Tribunal appeal EA/2019/0260 under appeal.