The complainant has requested information from Highways England (HE) about rates associated with its Area 9 road network contract with Kier Highways Ltd. HE has relied on section 17(6) of the FOIA not to provide a refusal notice. HE says that this is because it had previously refused requests for information on similar matters under section 14(1) as it considered those requests to be vexatious. The Commissioner’s decision is as follows: Highways England wrongly categorised the complainant’s request of 23 November 2020 as a vexatious request and neither section 14(1) nor section 17(6) are engaged. The Commissioner requires Highways England to take the following step to ensure compliance with the legislation: Provide the complainant with a fresh response to his request of 23 November 2020, including part 4, that complies with the FOIA and does not rely on section 14(1) of the Act.
FOI 17: Complaint upheld FOI 14: Complaint upheld
Citations:
[2021] UKICO IC-80576
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 November 2022; Ref: scu.669535