The complainant has requested a list of structural reports where the structure’s condition was most recently described as ‘dangerous.’ Highways England refused the request because it estimated that the cost of complying would exceed the appropriate limit. The Commissioner’s decision is that HE should have dealt with the request under the EIR, but that the request was Manifestly Unreasonable and the public interest favours maintaining the exception. HE was therefore entitled to rely on Regulation 12(4)(b) to refuse the request. She also finds that HE complied with its Regulation 9 duty to provide advice and assistance. The Commissioner does not require any further steps.
EIR 9: Complaint not upheld EIR 12(4)(b): Complaint not upheld
Citations:
[2019] UKICO fs50879100
Links:
Jurisdiction:
England and Wales
Information
Updated: 22 November 2022; Ref: scu.650419