ICO The complainant requested information concerning the Habitats Directive. The Home Office stated that it did not hold this information as responsibility for the Habitats Directive lies with the Department for Environment, Food and Rural Affairs (DEFRA) and advised the complainant to re-direct his request to DEFRA. The complainant declined to do so and maintained that the information he had requested would be held by the Home Office. The Commissioner’s decision is that the Home Office stated correctly and in accordance with regulation 5 of the EIR that it did not hold the information requested by the complainant. However, it should have recognised that the request was for environmental information and cited regulation 12(4)(a) when advising the complainant that the requested information was not held.
Section of Act/EIR and Finding: EIR 5 – Complaint Not upheld
 UKICO FER0526126
England and Wales
Updated: 06 December 2021; Ref: scu.527697