Pollution, replacement and testing of private boreholes from 1985-2000

​​Request 716043035

Dear FOI Officer,

Under the Freedom of Information (Jersey) Law 2011, I request copies of any formal notices, letters, or memos issued between 1985 and 2000 relating to:

• Contamination or pollution of private boreholes or land by PFAS, AFFF foam, or runoff from the Airport Fire Training Ground

• Letters of apology, offers to replace or test boreholes, or to connect properties to mains water as a result of confirmed contamination

• Notices advising residents not to use borehole water for “Prohibited Purposes” (drinking, cooking, bathing, or livestock)

Please limit the search to:

1 

Correspondence with private landowners in the known plume area, or

2

 Documents already referenced or provided in previous FOI releases

Please do not include internal legal advice.

If this request risks exceeding the time limit, please advise so I can further narrow the scope.

Response

1

Correspondence with private landowners between 1985 and 2000 in the known plume area are not held by the Scheduled Public Authority (SPA), therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies. However, it may be held by the Ports of Jersey, so you might wish to send your information request in writing to:

or by post to: 

Ports of Jersey, St Peter, Jersey, JE1 1BY

It should be noted that Ports of Jersey is not a Scheduled Public Authority (SPA) under the Freedom of Information (Jersey) Law 2011, therefore, they are not required to respond.

2

The Freedom of Information Legislation came into effect in 2011, therefore, documents already referenced or provided in previous FOI’s is not held by the Scheduled Public Authority (SPA) and Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

Article applied

Article 3 Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.​

Internal Review Request

Grounds for Appeal

1. Contradiction by Government FOI Publication – FOI Report 8583 (June 2025)

FOI Report 8583, publicly released in June 2025, includes PFAS sampling data from boreholes near Jersey Airport dating back to 1999. These records are attributed to the “Jersey Airport Dept.” and include multiple test results from locations such as “Blanche Banque A1–A5.”

This proves that:

•       The Government of Jersey holds historical environmental data linked to the Airport site and PFAS;

•       The Government is able and willing to publish pre-2011 records under FOI;

•       Similar records (e.g. letters or notices to landowners) are likely to exist within the same departmental custody.

It is therefore inconsistent to deny that equivalent documents are held or to claim that all such records fall under Ports of Jersey and are inaccessible.

2. Misapplication of Article 3 – Information Held “on Behalf of” a Public Authority

Under Article 3(b) of the Law, information is deemed to be held by an SPA if it is held by another party on the authority’s behalf. The environmental data referenced above was held and disclosed by Government, not Ports.

If PFAS testing data conducted by the “Jersey Airport Dept.” is considered within the scope of FOI, then logically, associated records — including correspondence, internal memos, and public warnings — are also likely held or were created under SPA jurisdiction at the time.

3. Reasonable Expectation of Further Records

Given the confirmed testing and environmental monitoring in the late 1990s and early 2000s, it is reasonable to expect that:

•       Landowner notifications or response letters were issued,

•       These records may reside in files from Infrastructure, Environmental Health, or pre-incorporation Airport authorities,

•       Or may still be accessible within digital archives or scanned legacy files.

Appeal Request

I therefore request the following:

•       A full internal review of FOI Ref 716043035 in light of FOI Report 8583;

•       A renewed and thorough search for records dated 1985–2000 across all relevant departments (including Infrastructure, Environment, Environmental Health, and any Government-retained Airport documentation);

•       Clarification of whether any relevant material is held by or on behalf of the Government of Jersey, regardless of Ports of Jersey’s separate legal status post-corporatisation.

Internal Review Res​​ponse

This internal review has been conducted by an official of appropriate seniority who has not been involved in the original decision. As part of their review, they will be expected to understand the reasons behind the original response, impartially determine whether the response should be revised, and how so, considering the request and the information held, any relevant exemptions, or other relevant matters under the Law.  

The Internal Review Panel was asked to review the original response and confirm the following:  

Does the FOI request relate to a body to which the Law applies, or information held by a body covered by the Law?  

If the answer is no, all the other questions are not applicable.      

Further questions if above is a yes:   

i. Was the right information searched for and reviewed? 

ii. Was the information supplied appropriately?

iii. Was information appropriately withheld in accordance with the articles applied and were the public interest test/ prejudice test properly applied?

Following discussion, it was agreed by the Panel that the decision was partially upheld, and the following was agreed. 

The Panel agreed that Article 3 of the Freedom of Information (Jersey) Law 2011 was correctly applied to question 1, however, Article 3 of the Freedom of Information (Jersey) Law 2011 had been incorrectly applied to question 2, and that Article 23 of the Freedom of Information (Jersey) Law 2011 applies as the information is accessible on www.gov.je  within the previous Freedom of Information responses, which can be found using the link below: 

https://www.gov.je/Government/FreedomOfInformation/Pages/FOIDisclosureLog.aspx​

Additionally, Article 16 of the Freedom of Information (Jersey) Law 2011 has also been applied as a manual search of our records would be required in order to obtain this information and we estimate that it will take us in excess of 12.5 working hours to locate and retrieve the data in reference to your request. 

Articles applied

Article 16 - A scheduled public authority may refuse to supply information if cost excessive

(1) A scheduled public authority that has been requested to supply information may refuse to supply the information if it estimates that the cost of doing so would exceed an amount determined in the manner prescribed by Regulations. 

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.