Information Commissioner's Office

Chorley Borough Council

7 September 2015, Local government (Borough council)

The complainant requested various items of information in respect of the costs that the Council estimated it would incur for the provision of a settled Traveller site at Cowling Farm. The Council informed the complainant that the only information it holds could be found on its website and provided links to the information. It also cited section 21 of the FOIA on the basis that the information was available to the complainant by other means. During the Commissioner’s investigation, the Council accepted that it should have considered this request under the EIR. It also confirmed that the links provided in its initial response provided access to all information it held falling within the scope of the request at the time it was received. The Commissioner’s decision is that Chorley Borough Council incorrectly considered this request under the FOIA. However, as the Council had provided the information it held, albeit under different legislation, he does not require the Council to take any steps.

EIR 5(1): Not upheld