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Decision Summary

  • Case Ref: FS50195062
  • Date: 5 October 2009
  • Public Authority: Department for Transport
  • Summary: The complainant made a request to the Department for Transport (the “DfT”) for a copy of all the previous draft versions of the 2007 Southern Alignment Options Report between Liverpool Street and Whitechapel Stations, together with the names of the originators of those reports. The DfT refused to disclose this information, citing sections 21, 35 and 40 of the Act. After carrying out an internal review the DfT upheld its previous use of sections 21 and 35. It also noted that the draft versions of the report may be environmental information and if so would be exempt under regulation 12(4)(d) of the Environmental Information Regulations 2004. During the investigation of the case the DfT disclosed the draft versions of the report. Therefore the Commissioner has not gone on to reach a view on its use of regulation 12(4)(d). However, it continued to withhold the names of the originators, citing regulation 13. After investigating the case the Commissioner decided that regulation 13 did not provide an exception from disclosure, and therefore the names of the originators should be disclosed. He also found that the DfT had failed to comply with the requirements of regulations 5(1), 5(2) and 14.
  • View PDF of Decision Notice: [1]