Essex County Council

The complainant has requested information from Essex County Council (“the Council”) about its decision making process and enforcement action relating to a highway encroachment case. The Council responded, providing some information but also advised that it held no further information that fell within the scope of the request. The Commissioner’s decision is that on the balance of probabilities, the Council does not hold any further information that falls within the scope of what was initially requested. However, as there is no evidence to show that the Council confirmed it understood the complainant’s verbal request as it was received, the Commissioner finds that the Council breached regulation 9(1) of the EIR. Nonetheless, as the Council had provided further information in response to another request, the Commissioner requires no further steps to be taken. Information Tribunal appeal EA/2019/0207 allowed.