Derbyshire County Council

The complainant initially requested information held by Derbyshire County Council (the council) about its contract with THJH Ltd. At internal review, the complainant asked for information held about a statement made by the council in its original response to their request. The Commissioner considers the complainant’s request for information about the council’s statement to be a new request for information, and it is only the council’s response to this request where it said that no further information is held, that is in dispute. Whilst the council provided certain information which it believed addressed part of the complainant’s request about the statement, the Commissioner has determined that the council holds additional information relevant to this specific part of the complainant’s request. However, the Commissioner is satisfied that, on the balance of probabilities, the council does not hold any further information falling within the scope of the other parts of the complainant’s request. The Commissioner requires the council to issue a fresh response to that part of the complainant’s request where they ask “who exactly is indicating that it is believed that THJH Ltd has not been overpaid”, either providing the recorded information it holds about any relevant individual who made the statement, or issuing a refusal notice which sets out the exemption being relied upon to withhold it.