Essex Fire and Rescue Service

Summary wording for website: The complainant requested information relating to Exercise Cygnus. Essex Country Fire & Rescue Service initially stated that it was withholding information, before subsequently stating that it did not in fact hold any information within the scope of the request. The Commissioner’s decision is that ECFRS has not discharged its duty under section 1(1) of the FOIA because it has not considered whether any information falling within the scope of the request is held by Essex Resilience Forum on behalf of ECFRS. The Commissioner is satisfied on the balance of probabilities that ERF holds at least some relevant information – and that it does so on behalf of ECFRS. The Commissioner requires ECFRS to take the following steps to ensure compliance with the legislation: make reasonable enquiries of ERF to identify all the information that organisation holds that would fall within the scope of the request and then; issue a fresh response, to the request, that does not rely on an assertion that ECFRS does not hold any information within the scope of the request.