Stephen Lavelle v The Information Commissioner & Ors
[2024] UKFTT 343 (GRC)
Andrew Tyerman v Information Commissioner & Anor
16 May 2024
[2024] UKFTT 382 (GRC)
First-tier Tribunal
Someone asked a water company for information about sewage spills. The company refused, saying it would hurt an investigation. A court decided the information was already mostly public, so the water company has to release it.
Key Facts
- •Andrew Tyerman (Appellant) requested information from South West Water (SWW) about combined sewer overflow (CSO) discharges in Exmouth.
- •SWW withheld the information under regulation 12(5)(b) of the Environmental Information Regulations 2004 (EIR), claiming it would affect the course of justice due to ongoing Ofwat and Environment Agency investigations.
- •The Information Commissioner upheld SWW's decision.
- •Tyerman appealed to the First-tier Tribunal (General Regulatory Chamber).
Legal Principles
A public authority may refuse to disclose environmental information if an exception applies and the public interest in maintaining the exception outweighs the public interest in disclosure.
Environmental Information Regulations 2004 (EIR)
There is a presumption in favour of disclosure under EIR.
Environmental Information Regulations 2004 (EIR)
For an EIR exception to apply, disclosure must be more likely than not to have an adverse effect.
Commissioner's guidance on EIR
Outcomes
The appeal is allowed.
The Tribunal found that SWW had not met the threshold for applying regulation 12(5)(b). Similar information was already in the public domain via WaterFit Live and previous BeachLive reporting, undermining SWW's claim that disclosure would adversely affect the course of justice.
Substituted Decision Notice: SWW is to disclose the requested information within 35 days.
This is a direct consequence of the allowed appeal, as the Tribunal found that the information should be disclosed.