Sefton Borough Council

The complainant has requested Sefton Council (‘the council’) to disclose information relating to the housing of migrants, asylum seekers and refugees in the area. The council provided some information, applied section 12 of FOIA to one question, advised that other information is not held and that some information is exempt under sections 21 and 38 of FOIA. The Commissioner’s decision is that the council is correct to rely on sections 12, 21 and 38 of FOIA. He has also decided that on the balance of probabilities the council does not hold the information it said it did not hold. However, he has found a breach of sections 1(1)(a) and 10 of FOIA, as the council failed to confirm that it did not hold some of the requested information within 20 working days following receipt of the request. He has also found a breach of section 16 of FOIA, as the council did not provide reasonable advice and assistance. The Commissioner requires the council to provide advice and assistance to the complainant in accordance with its obligations under section 16 of FOIA.