Merseyside Fire and Rescue Authority

The complainant requested from the Merseyside Fire and Rescue Service (“the MFRS”), information relating to a fire at an Energy Storage Site (BESS) on Carnegie Road, Liverpool. The MFRS disclosed some of the requested information, applied section 43 of the FOIA (commercial interests) to withhold some correspondence, and clarified that other information is not held by it. During the Commissioner’s investigation it changed its view and applied Regulation 12(4)(a) (information not held) and Regulation 12(4)(d) (information still in the course of completion) of the EIR. The Commissioner’s decision is that the MFRS has disclosed the requested reports, that it was correct to apply Regulation 12(4)(a) to the request for a Fire Management Plan which it does not hold, and that it was correct to apply Regulation 12(4)(d) to withhold copies of correspondence relating to the reports. The Commissioner does not require the MFRS to take any steps.  First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2023/0035 allowed in part.