The First‑tier Tribunal has dismissed an appeal by a Letchworth resident who claimed Hertfordshire County Council failed to disclose all information it held about a pothole on Pixmore Way, emphasising that the EIR regime requires disclosure only of information actually held, not information that ought to exist or be recorded more precisely.
In Thurgood v Information Commissioner & Hertfordshire County Council ([2026] UKFTT 206 (GRC)), the Tribunal upheld the ICO’s finding that the Council had complied with the Environmental Information Regulations 2004.
Mr Thurgood had sought details of complaints, insurance claims, repair dates and inspection reports for a pothole outside numbers 105–107. The Council provided 33 fault reports and inspection records but said no *formal* Stage 1 or Stage 2 complaints existed and no repair was logged at the precise location.
The Tribunal criticised the ICO for conducting no substantive investigation with the Council, prompting it to order the authority to supply further evidence. The Council then produced detailed witness statements and searches, including checks of a former councillor’s emails.
The Tribunal found the Council’s searches “meticulous” and concluded, on the balance of probabilities, that no further information was held. It also reminded the appellant that neither the ICO nor the Tribunal can award compensation for vehicle damage.
The appeal was dismissed.
