Highways England (Central government) [2021] UKICO IC-43306 (20 April 2021)
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Highways England
In a multi-part request, the complainant has requested information about Highways England’s contract with one of its sub-contractors, Kier. Highways England (HE) addressed three parts of the request, withheld information relevant to two parts under section 42(1) of the FOIA (legal professional privilege) and advised that it does not hold the remaining information. In the course of the Commissioner’s investigation HE advised that it intended to release the information it had withheld under section 42(1). The complainant considers that HE holds further information that he has requested, and that it has not addressed parts of his request. The Commissioner’s decision is as follows: On the balance of probabilities HE does not hold information within the scope of parts 3, 6, 7 and 8 of the request. With regard to parts 1 and 4 of the request HE has not complied with section 10(1) of the FOIA as it has not communicated the relevant information it holds within the required timescale of 20 working days. HE could reasonably have offered the complainant advice and assistance with regard to parts 2 and 9 of the request and, as such, did not comply with its duty under section 16(1) of the FOIA. However, the Commissioner does not consider it necessary for HE to do so now. The Commissioner requires Highways England to take the following step to ensure compliance with the legislation: If it has not already done so, release to the complainant the information it holds that is relevant to parts 1 and 4 of the request, with personal data redacted in line with section 40(2) of the FOIA.
FOI 10:
Complaint partly upheld
FOI 16:
Complaint upheld
FOI 1:
Complaint not upheld
Decision notice: IC-43306
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-43306.html
