ICO Decision on Southern Water EIR Request

ICO Decision Notices

Filed March 20th, 2026

Detected March 25th, 2026

Summary

The UK's Information Commissioner's Office (ICO) issued a decision regarding Southern Water's handling of an Environmental Information Regulations (EIR) request. While Southern Water was permitted to withhold some information related to a sewer level monitor, the ICO found that the company failed to respond within the required statutory timescales.

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What changed

The Information Commissioner's Office (ICO) has ruled on a complaint against Southern Water Services Ltd concerning a request for information about sewer lining works and monitoring. The ICO found that Southern Water was justified in withholding the specific location of a sewer level monitor under regulation 12(5)(a) of the EIR, citing public safety. However, the Commissioner determined that Southern Water failed to provide its response within the legally mandated timescales stipulated by regulations 5(2) and 14(2) of the EIR.

This decision highlights the importance for regulated entities to adhere to statutory response times for information requests, even when withholding some data. While Southern Water's decision to withhold specific data was upheld, the breach of procedural timelines may lead to internal reviews or potential future scrutiny. Compliance officers should ensure that their organizations have robust processes in place to meet EIR response deadlines to avoid similar findings.

What to do next

Review internal processes for responding to Environmental Information Regulations (EIR) requests to ensure adherence to statutory timescales.
Confirm that all withheld information is properly justified under relevant EIR exemptions.

Source document (simplified)

Southern Water Services Limited

Date 20 March 2026
Sector Other
Decision(s) EIR 12(5)(a): Not upheld, EIR 14(2): Upheld, EIR 5(1): Not upheld, EIR 5(2): Upheld The complainant has requested information about sewer lining works, a wastewater pumping station and the monitoring and recording of downstream sewers. Southern Water Services Ltd (‘Southern Water’) disclosed relevant information and withheld a small amount under regulation 12(5)(a) of the EIR (public safety). The Commissioner finds that Southern Water was entitled to withhold the location of the sewer level monitor under regulation 12(5)(a), and that it holds no further relevant information beyond that already disclosed. However, its response wasn’t provided within the timescales required by regulations 5(2) and 14(2) of the EIR.