United Utilities Water Limited

United Utilities has repeatedly failed to classify information as environmental, according to regulation 2(1) of the EIR. This has been highlighted by numerous complaints the Commissioner has dealt with, where United Utilities has erroneously refused to deal with a request for information on the basis that the information being requested isn’t environmental. It’s important to establish whether information being requested from United Utilities is environmental because United Utilities, as a water and waste water service provider, has an obligation to comply with requests for environmental information, under the EIR, but not non-environmental information, under FOIA. If the requested information isn’t environmental, the Commissioner doesn’t have any power to investigate how the request has been handled, or compel United Utilities to take any steps. Incorrectly classifying information as non-environmental denies individuals access to important environmental information about how United Utilities works and the effect its work has on the environment.

The Commissioner has reached the view that, in repeatedly failing to categorise information as environmental, either during its initial handling of the request or during any subsequent investigation of the Commissioner’s, United Utilities has repeatedly failed to issue responses to EIR requests within the statutory timeframe and so has failed to conform with part IV of the EIR Code of Practice. The increasing number of complaints that the Commissioner has received about United Utilities also gives him concern that United Utilities has failed to adequately train its staff in what environmental information is and so has failed to conform with part I of the EIR Code of Practice. Likewise, the Commissioner is concerned that United Utilities has failed to give sufficient consideration to the proactive publication of environmental information and so has failed to conform to part II of the EIR Code of Practice.