Metropolitan Borough of Wirral

The complainant has requested information about asbestos at Birkenhead Market. Wirral Metropolitan Borough Council (‘the Council’) provided a copy of an asbestos register from 2019 and associated drawings. It stated that it did not hold any further information within scope of the request. The Commissioner’s decision is that the Council has failed to satisfy him that it has disclosed all the information it holds falling within scope of the request, on the balance of probabilities. The Commissioner also finds that the Council breached regulations 5(2) and 11(4) of the EIR in its handling of the request. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Conduct a fresh search for the requested information and either disclose any further information located or issue an appropriate refusal notice under the EIR.