London Borough Of Barking and Dagenham

The complainant sent a three-part request for information regarding persistent and worsening fly-tipping at a specific junction of two roads. London Borough Of Barking and Dagenham (the Council) provided a partial response to part one but stated that under section 1(1)(a) of FOIA information was not held for parts two and three of the request, however, it did provide a brief explanation to these parts. 
The Commissioner’s decision is that the Council has not carried out sufficient searches in order for the Commissioner to determine whether, on the balance of probabilities, the Council has provided all the information held by it which falls within the scope of the request. 
The Commissioner requires the Council to take the following step to ensure compliance with the legislation.
•     In relation to parts two and three, conduct appropriately focused fresh searches and confirm to the complainant whether the information is held. If it is held, either disclose it or issue a valid refusal notice in accordance with FOIA.
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.