ICO Upholds EIR Breach by Powys Council
Summary
The UK's Information Commissioner's Office (ICO) has upheld a breach of Environmental Information Regulations (EIR) 11 against Powys County Council. The council failed to conduct an internal review within the mandated 40 working days. No further steps are required beyond reconsidering the original request.
What changed
The Information Commissioner's Office (ICO) has issued a decision notice finding Powys County Council in breach of regulation 11 of the Environmental Information Regulations (EIR). The breach occurred because the council failed to complete an internal review within the statutory 40 working days concerning a request related to Section 38 (Roads Adoption) Agreements. The ICO has determined that no further enforcement steps are required beyond the council's obligation to reconsider its response to the original request and inform the complainant of the outcome.
While this decision does not impose new penalties or require immediate action beyond rectifying the specific breach, it serves as a reminder for public authorities to adhere strictly to the timeframes stipulated by the EIR for internal reviews. Compliance officers within local government should ensure their processes for handling information requests and internal reviews meet the regulatory deadlines to avoid similar findings.
What to do next
- Review internal processes for handling EIR requests and internal reviews to ensure compliance with the 40-working-day timeframe.
- Ensure that the complainant is informed of the outcome of the reconsidered response to the original request.
Source document (simplified)
Powys County Council
- Date 5 March 2026
- Sector Local government
- Decision(s) EIR 11: Upheld The complainant requested information from Powys County Council relating to Section 38 (Roads Adoption) Agreements. The Commissioner’s decision is that the public authority breached regulation 11 of the EIR, as it failed to carry out its internal review within 40 working days. The Commissioner does not require further steps to be taken. The public authority must reconsider how it responded to the original request and inform the complainant of the outcome in accordance with its obligations under the EIR.
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