Health and Safety Executive (Other) [2022] UKICO 119820 (7 October 2022)
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Health and Safety Executive
The complainant has requested information about the demolition work at a property, involving the removal of asbestos. The Health and Safety Executive (HSE) advised it does not hold some of the information the complainant has requested and has withheld other information under regulation 12(5)(b) of the EIR, which concerns the course of justice. The Commissioner’s decision is as follows: On the balance of probabilities, the HSE does not hold recorded information within scope of questions 2, 3 and 6 of the request and regulation 12(4)(a) of the EIR is engaged in respect of those questions. Regulation 12(5)(b) is not engaged in respect to the information requested in question 5 of the request. The HSE breached regulation 11(4) of the EIR as it did not provide an internal review within 40 working days of the request for one. The Commissioner requires the HSE to take the following step to ensure compliance with the legislation. Disclose the information the complainant has requested in question 5 of their request.
EIR 12(4)(a):
Complaint not upheld
EIR 11:
Complaint upheld
EIR 12(5)(b):
Complaint upheld
Decision notice: 119820
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URL: http://www.bailii.org/uk/cases/UKICO/2022/119820.html
