Department for Environment Food and Rural Affairs

The complainant has requested background information to two quotes made in a letter dating back to 2001 in which ongoing sewages issues relating to the Whitburn area are discussed. DEFRA responded stating that it does not hold the requested information and therefore regulation 12(4)(a) of the EIR applies to the complainant’s request. The complainant remained dissatisfied and so approached the Commissioner. The Commissioner has reviewed the matter in detail and made enquiries to DEFRA. He is satisfied that on the balance of probabilities DEFRA does not hold the requested information. He is therefore satisfied that DEFRA was correct to apply regulation 12(4)(a) of the EIR in this case. The Commissioner requires no further action to be taken. Information Tribunal appeal EA/2015/0111 dismissed. Information Tribunal appeal GIA/363/2016 (permission to appeal) refused.