Alistair Sloan v Information Commissioner & Anor

Alistair Sloan v Information Commissioner & Anor

The requested information engages sections 35(1)(a) and 35(1)(b) FOIA as it relates to the formulation and development of government policy and ministerial communications. The public interest in maintaining the exemption outweighs the public interest in disclosure due to the constitutional importance of collective responsibility and the need for confidentiality in Cabinet committee proceedings. Section 40(2) FOIA applies to the names of junior civil servants, which should not be disclosed.

Parties
Appellant: Alistair Sloan; First Respondent: Information Commissioner; Second Respondent: Cabinet Office
Jurisdiction
England and Wales
Judgment Date
30 March 2023
Procedural Posture
Information Rights Appeal / Final Judgment After Full Hearing
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Public Interest Test, Ministerial Communications, Collective Responsibility, Personal Data Exemption
Information Law Administrative Law Constitutional Law Freedom of Information Public Interest Test Ministerial Communications Collective Responsibility Personal Data Exemption

Case Brief

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Parties

Alistair Sloan

Appellant

Information Commissioner

First Respondent

Cabinet Office

Second Respondent

Procedural Posture

Information Rights Appeal / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether section 35(1)(a) FOIA exemption applies to the requested information
  2. 2 Whether the public interest in maintaining the exemption outweighs the public interest in disclosure
  3. 3 Whether section 40(2) FOIA applies to names of junior civil servants

Ratio Decidendi

The requested information engages sections 35(1)(a) and 35(1)(b) FOIA as it relates to the formulation and development of government policy and ministerial communications. The public interest in maintaining the exemption outweighs the public interest in disclosure due to the constitutional importance of collective responsibility and the need for confidentiality in Cabinet committee proceedings. Section 40(2) FOIA applies to the names of junior civil servants, which should not be disclosed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Section 35(1)(a) and 35(1)(b) FOIA exemptions are upheld.