Richard Kennedy & Anor v The Information Commissioner & Anor
The request was not vexatious under section 14(1) FOIA; there was genuine motivation and public interest, no material burden, and no harassment or distress. The Trust breached section 17(1) by failing to issue a refusal notice within the statutory timeframe.
- Parties
- Appellants: Richard and Liz Kennedy; First Respondent: The Information Commissioner; Second Respondent: Bosco Catholic Education Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 01 June 2026
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Freedom of Information Act, Vexatious Requests, Refusal Notice, Public Interest, Transparency
Case Brief
Summary, issues, holding and outcome
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Parties
Richard and Liz Kennedy
Appellants
The Information Commissioner
First Respondent
Bosco Catholic Education Trust
Second Respondent
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether the information request was vexatious under section 14(1) of FOIA
- 2 Whether the Trust breached section 17(1) by failing to issue a refusal notice within statutory timeframe
Ratio Decidendi
The request was not vexatious under section 14(1) FOIA; there was genuine motivation and public interest, no material burden, and no harassment or distress. The Trust breached section 17(1) by failing to issue a refusal notice within the statutory timeframe.
Court Disposition
Appeal allowed
Orders
- The Tribunal's Decision Notice is substituted for the Information Commissioner's Decision Notice.
- Bosco Catholic Education Trust breached section 17(1) FOIA by failing to issue a refusal notice within 20 working days.
Full Case Text
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