Information Commissioner's Office

Severn Trent Water Ltd

10 November 2015, Private companies

The complainant has requested information about works carried out around his property. Severn Trent Water Ltd (STW) has told the complainant that it does not hold the information he has requested and that, if it did hold it, it would refuse to comply with the request under regulation 12(4)(b) because it is manifestly unreasonable. The Commissioner’s decision is that STW is not correct when it says it does not hold any of the requested information. On the balance of probabilities, he is prepared to accept that STW does not hold the majority of the information and has fulfilled its obligations under regulation 5(1) of the EIR with respect to this information. He has decided, however, that STW does hold a little relevant information but that it is not obliged to comply with this part of the request in line with the provision under regulation 12(4)(b). The public interest favours maintaining the exception. The Commissioner does not require STW to take any steps. This decision notice is currently under appeal to the Tribunal.

EIR 12(4)(b): Not upheld