Information Commissioner's Office

United Utilities

4 July 2017, Private companies

The complainant has requested information on the transfer of water from one reservoir to another. Originally the water company refused the entire request under regulation 12(5)(b) – adverse affect on the course of justice. However during the Commissioner’s investigation it revised its position. Although it continued to withhold some information under 12(5)(b) it did disclose other information or inform the complainant that the information was not held by citing regulation 12(4)(a). The Commissioner’s decision regulation 12(5)(b) is not engaged in respect of the information to which it is still being applied. In failing to provide other information within the statutory time limits the water company breached regulation 5(2) and by failing to inform the complainant that the remaining information was not held by serving a refusal notice citing regulation 12(4)(a) within the statutory time limit the water company breached regulation 14(2).The Commissioner requires the public authority to disclose the information which has been withheld under regulation 12(5)(b) i.e. that which was requested at parts 3 and 6 of the request.

EIR 12(5)(b): Upheld EIR 5(2): Upheld EIR 14(2): Upheld