Office of Rail and Road
- Date 9 March 2026
- Sector Central government, Regulators
- Decision(s) FOI 1(1)(a): Upheld, FOI 10(1): Upheld, FOI 17(1): Upheld
Office of Rail and Road (ORR) applied the exemption under section 22(1) of FOIA to the complainant’s request for the Safety Action Plan 2025-2026. This is because, it said, the information was intended to be published at a future date. The Commissioner considers that a reasonable interpretation of the request is that it’s a request for the final version of the Safety Action Plan 2025-2026. The Commissioner’s decision is that ORR didn’t hold that information at the time of the request. ORR therefore didn’t comply with sections 1(1)(a) and 10(1) of FOIA and because ORR’s refusal notice was factually incorrect, there was also a breach of section 17(1). The Commissioner doesn’t require further steps.