United Utilities PLC

The complainant has requested information about a) sewage treatment works using continuous monitoring devices, and b) water quality. United Utilities’ (UU) final position was that the information isn’t environmental information, but UU also withheld it under regulation 12(4)(b), 12(4)(e) and 12(5)(b) of the EIR. These exceptions concern manifestly unreasonable requests, internal communications, and the course of justice, respectively. During the course of the Commissioner’s investigation, UU advised that it intends to make available the information requested in part A of the request. The Commissioner’s decision is as follows: The requested information is environmental information under regulation 2(1) of the EIR. UU is entitled to refuse to disclose the information requested in part B of the request under regulation 12(4)(b). UU breached regulation 9(1) by failing to provide the complainant with any advice and assistance in respect of part B. It also breached regulations 5(2) and 14(2) as it didn’t make some information available or issue a regulation 12(4)(b) refusal within the statutory timeframe.
The Commissioner requires UU to take the following steps to ensure compliance with the legislation: If it hasn’t already done so, disclose the information requested in part A of the request. With regard to part B of the request, consider whether there’s any advice and assistance UU can offer the complainant to help them submit a refined request, and communicate the outcome to the complainant.