Alan Tinling v The Information Commissioner & Anor

Alan Tinling v The Information Commissioner & Anor

On the balance of probabilities, the Council did not hold any further information within the scope of the three requests at the time they were made; the Information Commissioner correctly applied the legal test and was entitled to rely on the Council's responses; the appeals are dismissed.

Parties
Appellant: Alan Tinling; First Respondent: The Information Commissioner; Second Respondent: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
21 July 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information, Disclosure of Public Records, Public Authority Duties
Administrative Law Environmental Law Information Rights Environmental Information Regulations Freedom of Information Disclosure of Public Records Public Authority Duties

Case Brief

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Parties

Alan Tinling

Appellant

The Information Commissioner

First Respondent

London Borough of Waltham Forest

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Council held further information within the scope of the requests under the Environmental Information Regulations
  2. 2 Whether the Information Commissioner correctly applied the balance of probabilities test in determining if information was held
  3. 3 Whether the Council and Commissioner complied with statutory duties regarding disclosure and retention of environmental information

Ratio Decidendi

On the balance of probabilities, the Council did not hold any further information within the scope of the three requests at the time they were made; the Information Commissioner correctly applied the legal test and was entitled to rely on the Council's responses; the appeals are dismissed.

Court Disposition

Appeals dismissed