First-tier Tribunal (General Regulatory Chamber)

FT/EA/2024/0299 - [2025] UKFTT 01138 (GRC)

Fecha: 01-Oct-2025

The Commissioner’s Response

The Commissioner’s Response

12.

The Commissioner opposes the appeal, as summarised below.

12.1

In terms of the scope of the Request, the Commissioner submits that the Request is correctly quoted in the decision notice. The Appellant sought “the nearest village or town” to the relevant boreholes. The Commissioner understands this information is available from the Groundwater Abstraction Sites map or by using the grid reference that AWL disclosed to the Appellant on 25 July 2024.

12.2

Whilst the Appellant did not specifically request the exact location of boreholes, the information sought “could pinpoint their approximate location”. AWL had explained that “providing the exact or indicative location of boreholes or providing information that may be within 1km of the borehole could adversely affect national security or public safety.” The Commissioner maintains that he was entitled to accept this and that the public interest favoured maintaining the exception.

12.3

The Appellant’s argument that “about a dozen companies and others” have disclosed information without relying upon regulation 12(5)(a) is unparticularised and unevidenced. Other requests made to others (some of whom are not public authorities) at different times are irrelevant.

12.4

The Appellant says the list of boreholes disclosed to him by AWL on 25 July 2024 is “substantially incomplete” but fails to specify what information is missing.

12.5

The Appellant appears to dispute that disclosure of the remaining withheld information would affect national security, but his arguments are not particularised or evidenced. A cautious approach must be taken to avoid any such adverse effect.

12.6

The Commissioner refutes the argument that the public interest in disclosure “outweighs the risks which are minor and not national”.