Rotherham Metropolitan Borough Council

The complainant requested information from Rotherham Metropolitan Borough Council (“the Council”) about work carried out on two properties. The Council withheld the requested information under regulation 13 (personal information) and regulation 12(5)(e) (confidentiality of commercial or industrial information) of the EIR. At a late stage of the Commissioner’s investigation the Council changed its position to state that much of the requested information was not held. The Commissioner’s decision is that: On the balance of probabilities, he is satisfied that the Council has identified all of the information held within the scope of the first request as per its revised position stated in paragraph 13 of this notice; He is not satisfied that, on the balance of probabilities, the Council does not hold further information within scope of the second request; The Council is entitled to withhold only the cost of the scaffolding (as requested in part one of the first request) under regulation 12(5)(e); The Council is not entitled to withhold the cost of rehousing the occupants, including the dog (as requested in part four of the first request) or the parking costs for the decontamination van (as requested in part five of the first request) under regulation 13. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Regarding the second request, either carryout further searches that do not limit the time frame in which the works could have been carried out, or clarify with the requester the time period in which the works were carried out before carrying out searches of that period. Then, issue a fresh response to the complainant with the outcome of these searches; Disclose the cost of rehousing the occupants, including the dog (as requested in part four of the first request) and the parking costs for the decontamination van (as requested in part five of the first request).