London Borough of Wandsworth

The complainant has requested information about the Access for All scheme. The London Borough of Wandsworth (“the Council”) refused the request with reliance on section 22 of FOIA (information intended for future publication). The Commissioner’s decision is that the Council was not entitled to rely on section 22 to withhold information within scope of parts 1(b) to (f), 1(h) and 3 of the request as the information was not held at the time the request was received, therefore the exemption cannot apply. The Commissioner finds that the Council failed to engage section 22(1)(b) in respect of parts 1(a) and (g) of the request, therefore the exemption cannot apply. The Commissioner requires the Council to provide the complainant with a fresh response to parts 1(a) and (g) of the request. Specifically, the Council is required to provide the complainant with total usage data from the date that these services were offered under the Access for All scheme until the date the request was received. The public authority must take these steps 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.