FOI release

FOI22/23-021- Request for date HR1 submitted

Published 18 January 2023

Our ref: FOI22/23-021

Re: Freedom of Information Act 2000

Thank you for your emails of 25 and 27 May in which you requested the following from the Insolvency Service:

“I wondered if you could confirm the date on which The People’s Energy Company (09844617) Submitted an HR1 form.”

Your request has been dealt with under the Freedom of Information Act 2000 (FOIA).

I understand your request to relate to People’s Energy (Supply) Limited (09844617) which was incorporated on 27 October 2015. This company entered Administration on 24 September 2021 and accordingly remains an extant (i.e. live) company which has not been dissolved. Below is a link to the Companies House ‘BETA’ service via which you can view publicly available company information:

Get information about a company - GOV.UK (www.gov.uk)

I can neither confirm nor deny whether the agency holds the information that you have requested pursuant to sections 31(3) and 43(3) of FOIA and your request is therefore refused. More information on the application of these exemptions is below.

Section 31 - Law enforcement

Section 31(3) provides that the duty to confirm or deny whether information is held where to do so would be likely to prejudice any of the matters specified in section 31(1) of FOIA. In this case, confirming or denying whether any information is held would be likely to prejudice:

• 31(1)(a) - the prevention or detection of crime
• 31(1)(b) - the apprehension or prosecution of offenders
• 31(1)(g) - the exercise by any public authority of its functions for any of the purposes specified in subsection (2)

The functions of the agency which would be likely to be prejudiced (with respect to section 31(1)(g) above) is that of section 31(2)(a) - the purpose of ascertaining whether any person has failed to comply with the law

Prejudice

Confirming or denying whether any information is held would be likely to prejudice the ability of the agency to investigate and take action (either criminal or civil) against those failing to comply with the law. Confirming or denying whether any information is held would alert those connected with the company to the fact that the agency either is or is not investigating the matter.

Confirming any information is held would alert those potentially under investigation to that fact and would forewarn individuals that they are under investigation and allow them to take action to avoid detection and prosecution or civil action.

Likewise, denying any information is held would indicate that no investigations were ongoing and would be likely to also indicate to those that had committed wrongdoing that their actions had either not been identified or not been considered sufficient to warrant investigation. As such, where wrongdoing has occurred, denying any information is held would be likely to encourage further non-compliance with the law.

Moreover, confirming or denying any information is held would be likely to result in future non-compliance with the law because companies would be less likely to submit HR1 forms if they thought the process would not be confidential.

Section 43 – Commercial Interests

Section 43(3) of the Act provides that the duty for a public authority (whether or not it holds the requested information) to either confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a), would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).

Prejudice

In this case, the commercial interest that would be likely to be prejudiced is that of People’s Energy (Supply) Limited.

Confirming or denying any information is held would indicate whether an HR1 form had been submitted or not. Rescuing a company in administration as a going concern is a statutory objective of administration as is achieving a better result for the company’s creditors than would be likely if the company were wound up. Confirming that a form had been received would be likely to reduce confidence in that company, which would reduce the likelihood that the company is rescued from administration, and would be likely to adversely effect creditor returns. Again, this might mean companies are less likely to submit HR1 forms if the fact of the submission was to be made public.

Conversely, although no prejudice to the commercial interest set out above would occur directly through confirming that an HR1 form had not been received, doing so would imply that a form had been received in instances where a neither confirm nor deny response is made.

Combined public interest test

Factors supporting confirming or denying whether any information is held

• Increased public understanding of how the agency exercises their powers

Factors supporting neither confirming or denying whether any information is held

• Encouraging compliance with the law by maintaining confidentiality

• Reduction in the agency’s ability to tackle non-compliance with legal requirements by revealing investigative and enforcement practices

• Reducing public confidence in the company in question, resulting in the company being less likely to be rescued from administration

Balancing test

On balance, I consider the public interest favours withholding the information at this time.

Complaints

If you are not satisfied with the response we have provided you and would like us to reconsider our decision by way of an internal review (IR), please contact our Information Rights Team at foi@insolvency.gov.uk or by post at:

Information Rights Team

The Insolvency Service

3rd Floor

Cannon House

18 Priory Queensway

Birmingham

B4 6FD

United Kingdom

You also have the right to contact the Information Commissioners Office (ICO) if you wish for them to investigate any complaint you may have regarding our handling of your request. However, please note that the ICO is likely to expect an IR to have been completed in the first instance.

Kind regards

Information Rights

The Insolvency Service