Information Commissioner's Office

High Speed Two Limited

16 March 2015, Education (Other)

The complainant made a freedom of information request to HS2 Ltd for copies of reports prepared by the Major Projects Authority on its assessment of the HS2 rail project (“HS2”). HS2 Ltd dealt with the request under the Freedom of Information Act and refused the request under the section 35(1)(a) exemption although during the course of the Commissioner’s investigation it changed its reliance to the section 36(2)(b) and (c) exemptions. The Commissioner’s decision is that the request is for environmental information and ought to have been considered under the Environmental Information Regulations (EIR). The Commissioner considered whether the regulation 12(4)(e) exception (internal communications) would apply but found that it was not engaged. The Commissioner requires the public authority to disclose to the complainant copies of the MPA reports from November 2011 and June 2012. Information Tribunal appeal EA/2015/0090 withdrawn.

FOI 36: Upheld