Regulation 10(4)(a) - Information not held

What this exception means#

The authority is saying it does not hold the environmental information you asked for. Under the EIRs, “held” means information in the authority’s possession that was produced or received by it, or information held by another person on the authority’s behalf.

Unlike FOISA, all EIR exceptions are subject to a public interest test and must be interpreted restrictively. There is a presumption in favour of disclosure.

What the authority must show#

For this exception to apply, the authority must demonstrate that:

1. It has carried out adequate searches for the information
2. The information is not held in any form - including in different systems, under different names, or in different departments
3. It has considered whether the information is held on its behalf by a contractor, consultant, or other party
4. It has provided you with advice and assistance - including, where possible, telling you who might hold the information

Things to check#

• What searches did they do? The authority should explain what searches it carried out and where it looked. If it simply says “we don’t hold this” without describing its search process, that’s a basis for challenge.

• Did they check all relevant departments? Information can be held across different parts of an organisation. If your request relates to a topic that could span multiple teams or departments, the authority should have checked with all relevant areas.

• Could the information be held under a different name? Environmental information may be described differently in internal systems. If the authority searched only for the exact terms you used, it may have missed relevant records.

• Is the information held on their behalf? If the authority has contracted out work - for example, to consultants, contractors, or external advisers - information produced as part of that work may still be “held” by the authority for EIR purposes.

• Did they help you find the right authority? Under regulation 9, the authority has a duty to provide advice and assistance. If it doesn’t hold the information, it should tell you who might, or help you redirect your request.

• Could they have deleted it? Information that has been deleted may still be recoverable from backup systems. If the authority deleted information after receiving your request, that raises serious concerns.

Use the interactive tool#

Answer the questions below to check whether regulation 10(4)(a) has been properly applied to your request.