Environment Agency
- Date 7 February 2020
- Sector Central government
- Decision(s) EIR 11.4: Upheld, EIR 12.4.b: Upheld, EIR 14.2: Upheld
The complainant submitted a three part request for information relating to the Strategic Monitoring Review (SMR) carried out by the Environment Agency (EA). The EA refused parts one and two of the request under regulation 12(4)(b) (manifestly unreasonable). The Commissioner’s decision is that the EA has failed to demonstrate that complying with parts one and two of the request would be manifestly unreasonable in all the circumstances of the case. She therefore finds that the EA was not entitled to rely on regulation 12(4)(b) to refuse those parts of the request. The Commissioner also finds that the EA failed to provide a refusal notice within 20 working days and failed to carry out an internal review within 40 working days and as a result it breached regulations 14(2) and 11(4) of the EIR respectively. The Commissioner requires the EA to issue a fresh response to parts one and two of the request which does not rely on regulation 12(4)(b).