7 March 2017, Central government
The complainant has requested information relating to flood defences between the Environment Agency (EA) and other authorities from 1 January 2015 onwards. The EA refused to disclose the requested information citing regulations 12(4)(d) and 12(4)(e) of the EIR. During the Commissioner’s investigation some information was disclosed to the complainant. With regards to the remaining withheld information, the Commissioner is satisfied that regulation 12(4)(d) and 12(4)(e) of the EIR apply and that the public interest rests in maintaining these exceptions. She therefore does not require any further action to be taken. The Commissioner has however recorded a breach of regulations 14(2) and 11 of the EIR in this case, as the EA failed to respond to the complainant’s request within 20 working days and failed to respond to the complainant’s request for an internal review within 40 working days.
EIR 12(4)(e): Not upheld EIR 12(4)(d): Not upheld EIR 14(2): Upheld EIR 11: Upheld