ICO ordered United Utilities to fix its environmental information stonewalling

On October 16, 2024, the ICO issued a practice recommendation to United Utilities for failing to properly handle requests for environmental information. Water companies have a legal obligation to make environmental information available under the Environmental Information Regulations (EIR), both proactively and on public request.

The ICO's investigation found United Utilities repeatedly failed to respond within the legal 20-working-day timeframe, and often refused requests outright by claiming the information sought wasn't environmental. The company was instructed to take a much broader interpretation of environmental information, in line with the Commissioner's decisions, and to properly handle legitimate EIR requests.

ICO Director of FOI Warren Seddon said any information that would enlighten the public about how United Utilities operates and its environmental impact — including sewage spills and wastewater treatment performance — is 'by its very nature, likely environmental', accusing the company of 'deliberately ignoring the bigger picture to avoid their legal obligations'. The recommendation also requires proactively publishing frequently requested information and training staff to handle requests appropriately.

No fine — but a practice recommendation ordering urgent improvements, proactive publication of frequently requested information and staff training.

Requests were repeatedly answered outside the 20-working-day legal timeframe.

The company used a narrow definition of 'environmental' to refuse requests it was obliged to consider.

The intervention followed a July 2024 letter from the Information Commissioner to 12 water companies, urging transparency to rebuild public confidence amid sewage pollution concerns.

Stonewalling information requests works until the complaints pile up — and a regulator's remedy can be forced process change, not just money.

United Utilities was ordered to urgently improve its EIR handling, proactively publish frequently requested information and train staff; the ICO framed transparency as the expected default for water companies.