Highways England

The complainant has requested information from Highways England (“HE”) relating to the pain/gain share in Areas 9 and 10 from its period of operation to its termination and the reasons for termination. HE responded by citing section 14(2) of the FOIA, that it was a repeat request, and that it did not hold the information. During the Commissioner’s investigation HE withdrew its reliance on section 14(2), instead citing section 12 of the FOIA.The Commissioner’s decision is that HE has correctly cited section 12 of the FOIA. However, she has concluded that HE has breached section 16 of the FOIA because it cited its reliance on section 12 too late to make any consideration of what advice and assistance it could provide either reasonable or practicable. Despite this breach occurring, the Commissioner does not require any further action to be taken. Information Tribunal appeal EA/2020/0322 appeal dismissed.