National Highways
- Date 31 May 2022
- Sector Other
- Decision(s) FOI 1(1)(a): Not upheld, FOI 10: Upheld
1. The complainant submitted a three-part request for information from the National Highways (“the NH”) relating to the decision on moving from one vehicle with a double crew to two vehicles with a single crew to attend incidents during the Covid-19 pandemic, and additional costs involved. The NH provided a response to the request, disclosing information for parts one and two of the request, and cited section 1(1) (information not held) of FOIA to the third part of the request. The Commissioner’s decision is as follows:
• On the balance of probabilities, National Highways does not hold the information the complainant has requested, and its response complied with section 1(1)(a) of the FOIA.
However, the Commissioner finds that the NH has breached section 10(1) of FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner does not require the NH to take any steps.