The complainant has requested Highways England (HE) to disclose information relating to the operation of the pain/gain arrangement in all areas and the need for HE’s contractors to submit claim costs and recovery costs for reconciliation. Initially HE advised the complainant that the information is not held. However, during the Commissioner’s investigation it changed its stance and claimed a late reliance on section 12 of the FOIA. The Commissioner’s decision is that HE is entitled to refuse to comply with the request in accordance with section 12 of the FOIA. She has however recorded a breach of section 16 of the FOIA. This is because a late claim was made and HE had not therefore considered its duty to provide advice and assistance and if this was reasonable or practicable to do so. Although a breach of section 16 of the FOIA has occurred, the Commissioner does not require any further action to be taken on this occasion. This is because HE has explained sufficiently to the Commissioner why it is not in a position to offer any practical advice and assistance to the complainant in relation to this request.
FOI 12: Complaint not upheld FOI 16: Complaint upheld
Citations:
[2020] UKICO IC-45200-H4G7
Links:
Jurisdiction:
England and Wales
Information
Updated: 28 October 2022; Ref: scu.656138