The Commissioner’s decision is that the council has not demonstrated, on the balance of probabilities, that the requested information is not held due to insufficient evidence about the searches undertaken. The Commissioner has also recorded a breach of regulation 14(3) for the reasons set out in the procedural matters section of this decision notice. The Commissioner requires the council to take the following steps to ensure compliance with the EIR:
•    Carry out fresh searches for information falling within scope of part three of the request, in accordance with paragraph 47 of this notice, and issue a fresh response in accordance with the EIR.
•    Following those searches, disclose any information identified or issue a refusal notice in accordance with paragraphs 48 and 49 of this notice and which complies with regulation 14 of the EIR. 
The council 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.