Highways England

The complainant has requested information from Highways England (“HE”) relating to third party claims and Corclaim (Shakespeare Martineau LLP). The request had previously been refused as vexatious and was the subject of an earlier decision notice where HE was instructed by the Commissioner to issue a fresh response that did not rely on section 14(1). HE did so, stating that it did not hold some of the requested information and additionally citing section 12 FOIA. The Commissioner’s decision is that, on the balance of probability, HE does not hold the information, as stated. HE has also correctly cited section 12 of the FOIA. However, she finds HE in breach of the legislation by not providing advice and assistance in line with its duty under section 16 FOIA. The Commissioner does not require any further action to be taken. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2020/0338 appeal dismissed.