London Borough of Lewisham
- Date 19 July 2023
- Sector Local government
- Decision(s) EIR 10(1): Upheld, EIR 12.4.a: Not upheld, EIR 14.3.a: Upheld
Summary wording for website: The complainant requested information relating to the London Borough of Lewisham’s (the “Council’s”) decision not to fit doubleglazed windows to the complainant’s building in 1995. The Commissioner’s decision is that the Council failed to identify that the information sought by the request falls under the Environmental Information Regulations 2004 (“EIR”). However, the Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the requested information and has therefore discharged its duty under regulation 5(1) of the EIR. However it did not issue a refusal notice that complied with regulation 14(3)(a) as the request should have been refused relying on the exception in regulation 12(4)(a) of EIR (information is not held). In addition, the Council did not properly discharge its duty under regulation 10(1) of the EIR (transferring a request). The Commissioner does not require the Council to take any steps.