Southern Water (Private companies) [2020] UKICO fer0892043 (23 July 2020)
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Southern Water
1. The complainant has requested information from Southern Water (“SW”) relating to Ofwat’s notice of its proposal to impose a penalty on the public authority. SW refused to provide the requested information citing Regulations 12(5)(a), 12(5)(b), 12(5)(e), 12(4)(e), 12(5)(d), 12(4)(c) and 13(1). The Commissioner’s decision is that Regulation 12(5)(a) is not engaged with regard to the list of wastewater sites and that the information has been inappropriately withheld. However, she has found that SW has correctly cited Regulations 12(5)(b) and 12(4)(c) and that it is not in the public interest to release this information. The Commissioner has determined that SW does not hold any further information within the scope of this request and did not breach Regulation 5(1). However, she has determined that SW breached Regulations 5(2) and 9(2). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. • Disclose the list of SW’s 365 wastewater treatment works.
EIR 12(5)(a):
Complaint upheld
EIR 9(2):
Complaint upheld
EIR 12(5)(b):
Complaint not upheld
EIR 12(4)(c):
Complaint not upheld
EIR 5(1):
Complaint not upheld
EIR 5(2):
Complaint upheld
Decision notice: fer0892043
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0892043.html
