London Borough of Lambeth

The complainant has requested a stock condition survey report produced by Savills regarding the Waltham Estate. Following an earlier decision notice issued by the Commissioner, the London Borough of Lambeth (“LBL”) provided a response which it thought satisfied the request. The complainant disagreed and specified that their request was for the information that Savills had given to LBL and not the information it had extrapolated from that information. LBL did not respond. In correspondence with the Commissioner, it argued that, strictly speaking, it did not hold the requested information. The Commissioner’s decision is that LBL does hold information that would fall within the scope of the request which is not the information it has already provided. The Commissioner requires LBL to provide the complainant with the information specifically provided to it by Savills regarding the Waltham Estate or, to the extent to which any of it is exempt, provide a valid refusal notice to the complainant, explaining why it is not obliged to disclose it. 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.