John Mitchell v The Environment Agency

Facts

The applicant, John Mitchell, had on 30 July 2023 requested information from the Environment Agency about an 'energy from waste' plant, in three parts: a copy of the "full review" of the regulatory approach to the site, copies of all plant audits and inspections, and a copy of the official email trail confirmation from named individuals. The Agency said it had already supplied items 1 and 2 and held nothing within item 3, and the Information Commissioner upheld that position in a Decision Notice of 5 March 2024. On appeal, District Judge Watkin, sitting as a Judge of the First-tier Tribunal, allowed the appeal on 2 December 2024 and issued a Substituted Decision Notice requiring the Agency to reconsider the request in light of the Tribunal's findings, to issue a fresh response within 35 days, and to give advice and assistance under regulation 9 of the Environmental Information Regulations 2004. The Agency responded on 13 December 2024, confirming it held no further information within parts 1 and 3 and seeking clarification of part 2, which it later refused under regulation 12(4)(c) of the Environmental Information Regulations 2004. The applicant maintained that the required information had not been supplied within the 35 days and applied on 14 January 2025 for certification of a contempt to the Upper Tribunal.