Department for Transport
- Date 7 August 2024
- Sector Central government
- Decision(s) EIR 12.4.d: Upheld, EIR 12.4.e: Not upheld, EIR 14.3: Upheld
The complainant has requested information about the calculations and assumptions used to determine train capacity estimates in the ‘Network North’ paper. The Department for Transport (‘the DfT’) refused to provide the requested information, citing regulations 12(4)(d) (material still in the course of completion) and 12(4)(e) (internal communications) of the EIR. The Commissioner’s decision is that the DfT is entitled to rely on regulation 12(4)(e) to withhold the requested information. However, the DfT breached regulation 14(3) as it incorrectly issued its refusal under FOIA and not the EIR. The Commissioner does not require further steps.