Information Commissioner's Office

Highways Agency

5 June 2014, Central government

The complainant made a request for information to the Highways Agency for a number of reports referred to in its Roadside Litter Strategy Document. In its initial response, the Highways Agency disclosed most of the information but withheld one of the requested reports. At the internal review stage the Highways Agency disclosed all of the information. The complainant asked the Commissioner whether the Highways Agency has committed any procedural breaches of the EIR in its handling of the request. The Commissioner’s decision is that the Highways Agency breached regulation 5(2) by failing to disclose all of the requested information within 20 working days and regulation 14(5) by failing to inform the complainant of his right to an internal review. It also breached regulation 11(5) by failing to notify the complainant in its internal review of its failure to comply with the EIR by initially refusing to disclose some of the information. The Commissioner requires no steps to be taken.

EIR 5: Upheld EIR 11: Upheld