Wiltshire Council

The complainant submitted a four part request for information held by Wiltshire Council (“the Council”) relating to drainage works at a specific location. The Commissioner’s decision is that, on the balance of probabilities, the Council has provided all of the information held that is relevant to parts 2, 3 and 4 of the request, but holds further information within the scope of part 1 of the request.  As the Council has failed to identify and provide all of the information held that is relevant to part 1 of the complainant’s request, the Commissioner has found a breach of regulation 5 of the EIR. The Commissioner requires the Council to take the following step to ensure compliance with the legislation. The Council must issue a fresh response to part 1 of the request, conducting adequate searches aimed at identifying all of the relevant information held. The Council must take this step 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.