[2025] UKUT 066 (AAC)

27 April 2020: Mrs. O’Hanlon wrote to HSE and requested the following:

“I am asking that any documents or correspondence held by the HSE in relation to this site be released to me under the Freedom of Information Act. I believe the information requested to be in the public domain and the public interest and can see no reason why it should not be supplied.

I know from correspondence with HSE that HSE Inspectors visited the site on 31st January 8th, 10th and 20th February. [1] I am requesting copies of their reports and any other reports relating to HSE Inspectors’ visits at this site.

[2] I understand from correspondence with HSE that complaints from members of the public, councillors and the MP were received between 30th January and 7th February 2020 and I am requesting copies of these complaints.

I am also requesting copies of:-

[3] The pre-demolition asbestos survey report

[4] The asbestos method statement

[5] Consignment notes for waste and hazardous waste removed from the site

[6] Construction Phase Plan

[7] F10 Notification

[8] Notification of Contravention

[9] Improvement Notice

[10] Action Plan

and [11] and correspondence between HSE, the MP, [Redacted] Council Officers and the developers of this site.”

6 May 2020: HSE responded stating that the request had been handled under FOIA and advised that the requested information was exempt under section 30(1)(b) and section 41.

15 May 2020: Mrs O’Hanlon requested an internal review. Mrs. O’Hanlon did not receive a review despite IC instructing HSE to provide the same on 30 November 2020.

5 August 2021: Following correspondence with IC, HSE advised that it had reconsidered the initial response provided and issued Mrs O’Hanlon with a fresh response dated 9 August 2021. HSE conceded that it had erred in handling the request under FOIA and that the correct legislation was the regulations.

22 August 2021: Mrs O’Hanlon reverted to IC; IC understood Mrs O’Hanlon to be challenging HSE’s position in relation to requests one, two, five, seven and eleven.

28 September 2021: IC’s decision notice was promulgated, and the Commissioner made the following findings:

“Request one – HSE held information within the scope of this part of the request and was ordered to provide Mrs O’Hanlon with a response to this request that complied with the Regulations;

Request two; five; seven and eleven – On the balance of probabilities, the Commissioner found that HSE held no further information within the scope of these requests but that it was entitled to rely on regulation 12(5)(b) to withhold the information which it did hold in relation to request two and eleven and that the public interest favoured maintaining this exception.”

24 October 2021: Mrs O’Hanlon filed her notice of appeal.