John Rubino & Anor v The Information Commissioner & Anor

John Rubino & Anor v The Information Commissioner & Anor

The Council failed to conduct an adequate search for information within the scope of the request by not contacting all relevant third parties likely to hold such information on its behalf, including AECOM, Govresources Ltd, Locality, and Steering Group members. The Information Commissioner erred in accepting the Council's assertions without further inquiry. The appeal is allowed and a substituted decision notice is issued requiring further searches and a fresh response.

Parties
Appellants: John and Tony Rubino; First Respondent: The Information Commissioner; Second Respondent: Hertford Heath Parish Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal (information Rights) / Final Judgment
Outcome
Appeal allowed
Legal Topics
Environmental Information Regulations, Freedom of Information, Adequacy of Search, Public Authority Duties
Administrative Law Information Law Environmental Information Regulations Freedom of Information Adequacy of Search Public Authority Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

John and Tony Rubino

Appellants

The Information Commissioner

First Respondent

Hertford Heath Parish Council

Second Respondent

Procedural Posture

Appeal (information Rights) / Final Judgment

Legal Issues

  1. 1 Whether the public authority conducted an adequate search for information within the scope of the Environmental Information Regulations request
  2. 2 Whether information held by third parties on behalf of the public authority falls within the scope of the request
  3. 3 Whether the Information Commissioner erred in accepting the public authority's assertions without further inquiry

Ratio Decidendi

The Council failed to conduct an adequate search for information within the scope of the request by not contacting all relevant third parties likely to hold such information on its behalf, including AECOM, Govresources Ltd, Locality, and Steering Group members. The Information Commissioner erred in accepting the Council's assertions without further inquiry. The appeal is allowed and a substituted decision notice is issued requiring further searches and a fresh response.

Court Disposition

Appeal allowed

Orders

  • The public authority shall undertake a further search for the requested information, including but not limited to asking AECOM, Bob Frost, Paul Wolstencroft, Locality, and Govresources Ltd to search for and provide any information within scope held on behalf of the public authority at the date of the request.
  • The public authority shall give a fresh response to the appellants’ request for information, subject to rights under section 50 of the Freedom of Information Act 2000.