Sandwell Metropolitan Borough Council

The complainant has requested information relating to improvement work on a block of flats from Sandwell Metropolitan Borough Council (the Council). The Commissioner’s decision is that the request should have been handled under the Environmental Information Regulations 2004 (EIR) rather than the Freedom of Information Act 2000 (FOIA). The Commissioner also finds that the Council breached regulation 5(2) by failing to respond to the request within 20 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Issue a fresh response to the request under the EIR. The Council must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.