HSE Gateway 2 EIR Disclosure Requirement Upheld by ICO
Summary
The Information Commissioner's Office has upheld a complaint against the Health and Safety Executive (HSE) regarding an Environmental Information Regulations (EIR) request for a Gateway 2 submission. The ICO found that HSE improperly applied regulation 12(5)(b) (course of justice and inquiries exception) and breached regulation 11 (representations and reconsiderations). The ICO requires HSE to disclose the requested information, subject only to redactions under regulation 13 (personal information).
“The Commissioner’s decision is that the exception isn’t engaged and so the information must be disclosed.”
Public authorities receiving EIR requests who intend to withhold information must carefully assess whether cited exceptions are genuinely engaged before refusing disclosure — the ICO will scrutinise both the substantive exception and procedural compliance. HSE's breach of regulation 11 compounded its primary error, meaning authorities should ensure their representations and reconsiderations procedures are robust even when confident an exception applies.
What changed
The ICO determined that the course of justice and inquiries exception under regulation 12(5)(b) of the EIR was not properly engaged, meaning the information cannot be withheld on that basis. Additionally, HSE failed to comply with regulation 11 by not adequately handling the complainant's representations and reconsiderations request. Public authorities receiving EIR requests who wish to withhold information must ensure that any exception cited is genuinely engaged and that all procedural requirements under the regulations are met. The ICO's decision creates an enforceable obligation on HSE to release the Gateway 2 submission with only personal data redactions permitted.
What to do next
- Disclose the requested information, subject to redactions under regulation 13 (personal information)
Archived snapshot
Apr 21, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Health and Safety Executive
- Date 14 April 2026
- Sector Other, Regulators
- Decision(s) EIR 11: Upheld, EIR 12(5)(b): Upheld The complainant has requested a Gateway 2 submission. The Health and Safety Executive (HSE) refused the request, citing regulation 12(5)(b) (course of justice and inquiries exception) of the EIR. The Commissioner’s decision is that the exception isn’t engaged and so the information must be disclosed. The HSE also breached regulation 11 (representations and reconsiderations) of the EIR. The Commissioner requires the HSE to take the following steps to ensure compliance with the legislation: disclose the requested information, subject to redactions under regulation 13 (personal information).
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