The complainant has requested information from Highways England Company Ltd (‘Highways England’) relating to the assessment scores of all bidders for Lots 1-11 of the Area 13 and 14 Construction Works Framework. Highways England refused to disclose part of this information citing section 43(2) (prejudice to commercial interests) as its reason for doing so. The Commissioner does not find that section 43(2) is engaged in relation to the withheld information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the information regarding part one of the request that was withheld under section 43(2) and provided to the Commissioner on a spreadsheet. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 43(2): Complaint upheld
Citations:
[2019] UKICO fs50811970
Links:
Jurisdiction:
England and Wales
Information
Updated: 12 November 2022; Ref: scu.643211