London Borough of Brent

The complainant requested information held by the London Borough of Brent (the council) about the management of traffic flow within a certain area. The council considered the request under the Freedom of Information Act 2000 (FOIA), and provided the complainant with some information in response. The Commissioner considers that the EIR is the correct information access regime in this instance. The Commissioner has found that, on the balance of probabilities, the council did not provide all of the information held falling within scope of the complainant’s request. Where information was provided, this was also not done within the statutory 20 working days. Furthermore, the Commissioner considers that the council has failed to identify and respond to a new request for information set out within the complainant’s internal review request. The Commissioner has therefore found a breach of regulation 5(1) and regulation 5(2) of the EIR. As the council failed to conduct an internal review within 40 working days, the Commissioner has also found a breach of regulation 11(4) of the EIR. The Commissioner requires the council to issue a fresh response to the complainant’s original request, and also issue a response to the complainant’s new request, that complies with the EIR.