Wirral Council

The complainant has requested information from the Council relating to an Air Quality Modelling Study. The Council refused to disclose the requested information, citing section 22 of FOIA as a basis for non-disclosure. The Commissioner’s decision is that the Council has incorrectly applied section 22 of FOIA as the requested information is environmental and therefore the Council should have responded to the request under the appropriate legislation, i.e. the Environmental Information Regulations 2004 (EIR). As the information has now been published, the Commissioner does not order any steps to be taken by the Council.