FT/EA/2024/0207 - [2025] UKFTT 01276 (GRC)

On 11 July 2022, the Appellant contacted the Authority and requested information in the following terms:

“It is noted from Internet records that Cobalt Energy had a central role in delivering the Orsted BESS installation and had to satisfy MFRS of the hazards of operating bulk Li-on batteries.

As you state "This information is not held" please supply under the FOI all correspondence with Cobalt Energy.”.

The Authority responded on 10 November 2022. It refused to provide the Requested Information, citing section 41 (information provided in confidence).

On 11 November 2022, the Appellant requested an internal review in respect of the Authority’s response to the Request.

The Authority provided the outcome of its internal review on 9 December 2022. It stated that the Authority concluded that it was more appropriate to use the EIRs as the basis for considering the Request (and not FOIA). It relied on regulation 12(4)(d) to withhold the Requested Information (material which is still in the course of completion, unfinished or incomplete). The Authority considered that the Requested Information was incomplete on the basis that the information and data within the correspondence were not the only information or data provided when considering the investigation into the Fire.

The Appellant complained to the Commissioner regarding the Authority’s response to the Request. His complaint was put on hold pending the outcome of an appeal which he had made to the First-tier Tribunal in relation to an earlier request for information to the Authority.

Following the promulgation of the First-tier Tribunal’s decision in that appeal, the Authority provided (on 14 November 2023) an updated response to the Request. It disclosed some of the Requested Information but withheld other information, citing regulation 12(5)(c) (intellectual property rights) and regulation 12(5)(e) (confidentiality of commercial or industrial information).

The Commissioner subsequently issued the Decision Notice.