Erewash Borough Council

The complainant requested information held by Erewash Borough Council (the council) about the provision of accommodation for asylum seekers in the local area. The council said that it did not hold the information requested by the complainant, and maintained this position at the internal review stage. However, the council confirmed that it had considered part of the complainant’s internal review request to be a new broader request for information. The council said that it was withholding the information falling within scope of this new request under the exemptions at section 40 (personal information) and section 41 (information provided in confidence) of FOIA. During the Commissioner’s investigation, the council changed its position, stating that it now considered that it did hold information relevant to the complainant’s original request. The council confirmed that it was relying on section 40, section 41 and section 38 (health and safety) as its basis for withholding the information falling within scope of both of the complainant’s requests. The Commissioner considers that the council was not correct to have interpreted part of the complainant’s internal review request to be a new request for information. The Commissioner is satisfied that, on the balance of probabilities, the council does not hold some of the information requested by the complainant. With regard to the information that is held, the Commissioner considers that the council has failed to identify the correct information that would provide an answer to part of the request. Where the council has correctly identified information falling within scope of the complainant’s request, the Commissioner considers that the council is entitled to rely on the exemption at section 41 to withhold such information. As the council failed to confirm that it held part of the requested information in its response to the complainant’s request, and at the internal review stage, the Commissioner has found a breach of section 1(1)(a) of FOIA. The Commissioner requires the council to locate the “current” figure held at the time of the request which confirms the total number of asylum seekers placed in hotel accommodation in its area. The council should either provide this information to the complainant, or issue a refusal notice confirming any exemptions it is relying upon to withhold this information.