Rotherham Metropolitan Borough Council

The complainant requested information from Rotherham Metropolitan Borough Council (“the Council”) about work carried out on two properties. The Council withheld the requested information under section 40(2) (personal information) and section 36 (prejudice to effective conduct of public affairs) of FOIA. The Commissioner’s decision is that: The Council failed to consider the first request under the correct access regime as the information requested is environmental information; With respect to the second request, the Council failed to clarify the request, which does not have a single objective reading, and therefore failed to comply with the requirement under section 16 of FOIA to provide reasonable advice and assistance. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Reconsider the first request under the EIR and issue a fresh response to the complainant, having first established what information is held within the scope of the request; Seek clarification from the requester as to the scope of the second request and issue a fresh response to the complainant, having first established what information is held within the scope of the request. Having clarified the scope of the request, the Council should also consider whether this request is also a request for environmental information and ensure that the fresh response is issued under the correct access regime.