Department for Transport
- Date 29 November 2023
- Sector Central government
- Decision(s) EIR 12.4.e: Not upheld, EIR 14.3: Upheld
The complainant has requested a risk register relating to HS2. The Department for Transport (‘DfT’) refused to provide the requested information, citing regulations 12(4)(e) (internal communications), regulation 12(4)(d) (material still in the course of completion) and regulation 12(5)(b) (the course of justice and inquiries). The Commissioner’s decision is that the DfT breached regulation 14(3) as it incorrectly issued its refusal under FOIA and not the EIR. However, the risk register can be withheld under regulation 12(4)(e). The Commissioner does not require further steps.