Health and Safety Executive

The complainant requested the Health and Safety Executive (‘the H&SE’) to disclose information relating to the Gas Safe Register and the administration of this register by Capita. The H&SE responded providing the requested information to the complainant. Some information was withheld under section 43 of the FOIA but this was not the issue the complainant wished the Commissioner to pursue. The complainant’s concerns related to the overall handling of his request, the timeframes involved and whether his request should be considered under the FOIA or the EIR. With regards to which legislation is applicable, it is the Commissioner’s decision that the FOIA applies to this request not the EIR. He has considered whether there have been any procedural breaches of the FOIA and he has decided that the H&SE breached section 17 of the FOIA in this case. This is because the H&SE did not inform the complainant that it was refusing to disclose information under section 43 of the FOIA within 20 working days of his request. Although he has found the H&SE in breach of section 17 of the FOIA, he does not require any further action to be taken on this matter. Information Tribunal appeal EA/2014/0144 dismissed.