London Borough of Barking and Dagenham

The complainant submitted a request to the London Borough of Barking and Dagenham (the council) for information relating to Weavers Quarter.
The Commissioner’s decision is that on the balance of probabilities, the council does not hold information, within the scope of the request, in relation to questions two, four and ten. However, in relation to questions three and eight, he considers that, on the balance of probabilities, the council may hold the requested information. In relation to questions one, five, six, the Commissioner’s decision is that the council was not entitled to rely upon section 21 (information accessible to the applicant by other means). However, in relation to question nine, the Commissioner’s decision is that the council was entitled to rely upon sections 21 and 22 (information intended for future publication) to withhold the requested information. The Commissioner has also found that in failing to respond to the request within the statutory timescale, the council breached section 10(1) of FOIA.
The Commissioner requires the council to take the following steps to ensure compliance with the legislation:
• Disclose any further information, that has already not been provided under Section 22 of the Tenant and Leaseholder Act, which is within scope of questions one, five and six.
• In relation to questions three and eight, conduct fresh searches and confirm to the complainant whether the information is held. If it is held, either disclose it or issue a valid refusal notice, stating the exemption for withholding it.
The public authority 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 Freedom of Information Act and may be dealt with as a contempt of court.