Rotherham Metropolitan Borough Council

The Rotherham Metropolitan Borough Council withheld information from a complainant under FOIA's section 40(2) and 36. The Information Commissioner found that the Council failed to consider the first request under the correct access regime, as it pertains to environmental information. A fresh response is required under the EIR. The Council also failed to clarify the second request, which has multiple possible interpretations, thereby failing to comply with section 16 of FOIA. Compliance steps are ordered within 30 days. Compliance Steps: The Council must reconsider the first request under the EIR and issue a fresh response to the complainant. Additionally, they must seek clarification from the requester as to the scope of the second request and issue a fresh response.