FOI-22-4618 – Annex A
Regulation 12(4)(b) - Manifestly unreasonable requests
Regulation 12(4)(b) of the Environmental Information Regulations 2004 (the ‘Regulations)
sets out that a public authority may refuse to disclose information to the extent that the
request for information is ‘manifestly unreasonable’. A request may be manifestly
unreasonable if dealing with the request would create unreasonable costs or involve an
unreasonable diversion of resources. Please refer to the below link which sets out the
legislation in ful :
http://www.legislation.gov.uk/uksi/2004/3391/regulation/12/made.
Public interest in disclosure
Disclosure of information would provide greater transparency, visibility and
accountability of public bodies.
Public interest in maintaining the exception
The information requested cannot be easily identified and a preliminary search
has found we would need to examine around 4,000 claims as the information is
not stored in a way that allows the requested information to be easily identified.
Due to the volume of documentation which we would be required to review, any
further search for the information would necessitate a diversion of staff from core
duties.
There is a strong public interest in ensuring that public funds are expended
proportionately, therefore the diversion of resources and the cost to comply with
the request exceed that which is reasonable.
Conclusion
The issues of transparency and accountability are noted. However, on balance it is
considered that the public interest in maintaining the information is outweighed by the
potential impact searching and extracting relevant information would have on the
resources available to HS2 Ltd.
There is a strong public interest in ensuring HS2 Ltd can secure the best value outcome
for the taxpayer and that al resources are used appropriately.
Therefore, it is considered that in this instance, at this time, to extract and present the
information in the format requested, would place a disproportionate burden of HS2 Ltd.
Accordingly, your request for information has been refused.
I encourage you to work with HS2 Ltd to identify a relevant search that would not place a
disproportionate burden on HS2 Ltd’s resources.
