South Kesteven District Council

The complainant sent a five-part request for information regarding the Residents Initiative Fund. South Kesteven District Council (the Council) initially provided a partial response but later stated that this response was incorrect and that no information was held as the scheme was never introduced. 
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.
•     Conduct appropriately focused searches and confirm to the complainant whether information is held in scope of the request. 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.