Information Commissioner's Office

Natural England

4 July 2017, Education (Other)

The complainant requested information relating to impact assessments of badger culling and associated operations on species and habitats within licenced badger cull areas. Natural England provided some of the requested information however withheld the remainder citing the exception under 12(5)(a) of the EIR (public safety). The Commissioner’s decision is that Natural England was incorrect to rely on EIR exception 12(5)(a) and that the withheld information should be disclosed. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Natural England shall disclose to the complainant the information withheld under EIR exception 12(5)(a). Any third party personal data and names of business should be redacted. The public authority must take these steps within 35 calendar days of the date of this Decision Notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.

EIR 12(5)(a): Upheld