The Information Commissioner's Office (ICO) has issued a decision concerning a request made to the Department for Business and Trade (DBT) under the Environmental Information Regulations (EIR) and Freedom of Information Act (FOIA). The complainant sought information related to a complaint against Drax Group Plc. The ICO found that DBT was justified in withholding most of the requested information under FOIA section 12 and EIR regulations 12(4)(d), 12(4)(e), 12(5)(b), and 12(5)(f). However, the ICO determined that DBT was not entitled to rely on EIR regulation 12(5)(e) and also breached regulation 5(2) and regulation 14 by exceeding the statutory time limits for providing a response and a refusal notice, respectively. Additionally, a breach of FOIA section 17 was found for the same reason.

While the ICO did not require DBT to take further action on this specific complaint, the decision highlights the importance of adhering to statutory timeframes for information requests. Government agencies must ensure their processes are robust enough to meet these deadlines to avoid breaches. This decision serves as a reminder of the ICO's oversight role and the potential for findings of non-compliance even when the substantive withholding of information is deemed appropriate.