Health and Safety Executive
- Date 14 November 2025
- Sector Other, Regulators
- Decision(s) EIR 11: Upheld, EIR 12(5)(b): Not upheld
The complainant made a multi-point request for information shared by the Health and Safety Executive with government bodies regarding the application of regulations to Lithium-ion (Li-ion) battery cells within Battery Energy Storage Systems (BESS). The Health and Safety Executive (the HSE) provided information in scope of the request but withheld some under regulation 12(5)(b) - course of justice of the EIR.
The Commissioner’s decision is that the HSE was entitled to rely on regulation 12(5)(b) in this case, and the balance of the public interest lies in maintaining the exception. The HSE breached regulation 11 of the EIR because it failed to complete its internal review within 40 working days.
The Commissioner does not require any steps as a result of this decision.