Sefton Metropolitan Borough Council

The complainant has requested, from Sefton Metropolitan Borough Council (the “Council”), information about the management of stray dogs. The Council disclosed some information, said that some had been previously provided and denied holding the remainder. The complainant challenged whether or not the Council held some information, which the Council advised was held by a third party rather than by itself.
During the Commissioner’ investigation the Council revised its position. It obtained information held by a subcontractor and provided this to the complainant. It maintained that no further information was held.
The Commissioner’s decision is that by failing to respond to the request within 20 working days of receipt, the Council breached sections 1(1) and 10(1) of FOIA. In failing to disclose information it subsequently located within the statutory time limit, the Commissioner finds a further breach of section 10(1) as well as breaches of 1(1)(a) and (b). On the civil standard of the balance of probabilities, the Commissioner finds that no further information is held by the Council. No steps are required.