Link for IOC full Decision notice pdf file: Health and Safety Executive (Other) [2025] UKICO 356502 (17 April 2025)
The complainant has requested information about the Vision Point development. The Health and Safety Executive (HSE) initially refused the entire request under section 43 of FOIA (commercial interests) and then section 31(1) (law enforcement). It has now disclosed some information, withheld some under section 31(1) and advised it doesn't hold the remainder.The Commissioner's decision is as follows: The request is for environmental information which HSE should have handled under the EIR. HSE breached regulation 14(3) in that respect, which concerns refusing a request. In respect of part 2 of the request, there are alternative interpretations of this part. The complainant's interpretation should be accepted and this part of the request processed based on this interpretation in order for HSE to have discharged its duties fully under the EIR.The Commissioner requires HSE to take the following steps to ensure compliance with the legislation:Provide the complainant with a fresh response to parts 1 and 2 of their request that complies with the EIR. In relation to part 2 of the request, HSE's fresh response should be based on the complainant's interpretation of this part -“ as set out in paragraph 17 of this notice. HSE should either disclose any further recorded information it identifies as falling within scope or issue an appropriate refusal notice. If HSE remains unclear about what information it needs to provide, in line with the duty to offer advice and assistance under regulation 9 of the EIR, it should contact the complainant to seek further clarification.