Metropolitan Borough of Wirral

The complainant requested consultation documents relating to the proposed Argos market in Birkenhead. Wirral Metropolitan Borough Council (the “Council”) confirmed that the information was not held. The complainant disputes this. The Commissioner’s decision is that, on the balance of probabilities, the Council did not hold the information at the time of the request and complied with section 1(1) but that in failing to confirm this in time it breached section 10(1). The Commissioner does not require further steps.