Gwynedd Council

The complainant requested all correspondence held by Gwynedd Council (the Council) relating to Pentir Community Council in respect of an alleged footpath running through Treborth Hall. The Council provided some information and withheld other information on the basis of section 40(2) (personal information) of the FOIA. Following the intervention of the Commissioner, the Council provided additional information with its internal review and confirmed that it had now provided everything it holds relevant to their request. It also informed the complainant that it had reconsidered their request under the EIR.  The Commissioner’s decision is that, based on the balance of probabilities, the Council has failed to demonstrate that it has conducted a reasonable and proportionate search and has therefore no option but to conclude that that it has not complied with its obligations under regulation 5 of the EIR. The Commissioner has also recorded a breach of regulation 11(4) due to the Council’s failure to notify the complainant of the outcome of its internal review within 40 working days from the date of the request. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Conduct a further search of its records for all information falling within the scope of the request.