Department for Levelling Up, Housing and Communities

The complainant requested a copy of a report assessing the risks associated with ‘volumetric’ modular construction that is held by the Department of Levelling Up, Housing and Communities (DLUHC). The DLUHC issued a refusal notice in response to the complainant’s request, citing section 35(1)(a)(formulation of government policy) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the complainant’s request is for environmental information, and therefore should have been considered under the EIR. The Commissioner requires the DLUHC to reconsider the complainant’s request under the EIR, and either provide the requested information, or issue a refusal notice citing a valid exception.