Mr Carroll
Our Ref: 177617
Sent by Email:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Date: 17 September 2020
Dear Mr Carroll
Re: Internal Review of Freedom of Information/Environmental Information
Request in respect of information relating to incident reports for Stubbers
Green Nature Reserve, Walsall, West Midlands in January to June 2020
I refer to your e-mail dated 13 July 2020, in which you requested a review of the
information provided following your Freedom of Information requests of 6 June and
15 June 2020.
The Environment Agency received the requests and we responded to those emails
on 15 June and 26 June 2020 respectively.
Review
I have conducted an internal review which has concluded that the blank pages in the
reports were not due to withheld information. For the incident reported on 27 May
2020 NIRS 018109819 there were a further 9 reports (NIRS refs: 01810994,
01811002, 01811007, 01811061, 01811343, 01811474, 01811559, 01811828 and
01812988) that were recorded as ‘duplicates’ of the first incident. The incident details
were only recorded on the initial incident report NIRS 018109819 hence the blank
pages in the other reports.
I have concluded that personal information was withheld correctly in accordance with
EIR Regulations 13(1) and the provisions of the Data Protection Act (DPA) 2018. We
redacted the names of identifiable living individuals (not including Environment
Agency staff) from our previous response dated 26 June 2020, as we are unable to
provide you with information which would identify those people. The
withheld/redacted information was indicated in the report as ‘xx’.
In regards to NIRS ref 01810981, this report was not closed at the time of your
information request since the investigation was still in progress. The incident is now
closed and I enclose the completed incident summary.
Additional Information
I am now able to clarify your other queries. The initial incident assessment was that it
was a Category 3 incident, however in light of further information this was escalated
to a Category 1 incident. The Environment Agency managed the incident response
remotely due to Coronavirus (COVID-19) restrictions. Severn Trent Water Ltd
attended the site to assess the impact of the reported discharge from their asset and
to investigate the cause. The cause of the sewage discharge was a blocked sewer
due to third party vandalism.
Sentinel House, 9 Wellington Crescent, Fradley Park, Lichfield, Staffordshire, WS13 8RR
Customer services line: 03708 506 506
Email:xxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx.xx
www.gov.uk/environment-agency
The cause of the fish deaths is unknown, most likely a combination of natural factors
such as low water level, high water temperature, and low oxygen levels associated
with the hot weather, fish spawning and the sewage input.
NIRS 01772647 on 22 January 2020 was a report of oil, source unknown
NIRS 01794466 on 1 April 2020 was a due to sewage liquor from a blocked sewer
but the location was on the watercourse downstream of Stubbers Green Nature
Reserve so would not affect this site.
Please refer
to Open Government Licence which explains the permitted use of the
above information.
Information Withheld
We have redacted the enclosed document, as we are not able to disclose any
information which would identify living individuals (not including Environment Agency
staff) as this is personal data under the DPA 2018 and to disclose it would breach
the First Data Protection Principle of the DPA.
As a public body we are required under the Freedom of Information
Act/Environmental Information Regulations to give reasons for this refusal. We also
need to show that we have considered the Public Interest balance between refusal
and disclosure. However, there is no requirement to conduct a public interest test
where the refusal relates to the exception for personal data.
The information requested is therefore exempt due to Regulation 13(1) of the
Environmental Information Regulations 2004, which explains that:
“To the extent that the information requested includes personal data of which the
applicant is not the data subject, a public authority must not disclose the personal
data if—
(a) the first condition is satisfied…”
The ‘first condition’ referred to above is further explained in Regulation 13(2A):
“The first condition is that the disclosure of the information to a member of the public
otherwise than under these Regulations—
(a) would contravene any of the data protection principles…”
The First Data Protection Principle requires that we are fair to individuals when we
collect and use their personal data. In this case it would be unfair to disclose the
names of individuals who make requests for information, as those individuals have a
reasonable expectation that their names, given to the Environment Agency, would
remain confidential.
Right of Appeal
If you are not satisfied with this review of our decision not to supply the requested
information you can make an appeal to the Information Commissioner, who is the
statutory regulator for freedom of information.
The address is:
Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire
SK9 5AF.
Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate).
Fax: 01625 524 510.
Email
: xxxxxxxx@xxx.xxx.xx. Website: http://www.ico.org.uk
Yours sincerely
Jan Cope
Tame & Upper Avon Land and Water Team Leader
For further information please contact the Customers & Engagement team on
Tel. 02084 747856
Direct e-mail:-
xxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx.xx