Andrew Duncan v The Information Commissioner & Anor

Andrew Duncan v The Information Commissioner & Anor

The request was vexatious under section 14(1) FOIA due to the disproportionate burden it would place on Northumbria Police, requiring at least 1,125 to 2,000 hours of staff time to prepare the information for disclosure, which is an undue and disproportionate use of resources. The appellant's offers to reduce scope or pay for staff time were not relevant to the lawfulness of the refusal. The Decision Notice was correct in upholding the refusal under section 14(1).

Parties
Appellant: Andrew Duncan; First Respondent: The Information Commissioner; Second Respondent: The Chief Constable of Northumbria Police
Jurisdiction
England and Wales
Judgment Date
24 November 2024
Procedural Posture
Information Rights Appeal / First Tier Tribunal (general Regulatory Chamber) Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Vexatious Requests, Public Authority Duties, Disclosure of Information
Information Law Administrative Law Freedom of Information Vexatious Requests Public Authority Duties Disclosure of Information

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 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Andrew Duncan

Appellant

The Information Commissioner

First Respondent

The Chief Constable of Northumbria Police

Second Respondent

Procedural Posture

Information Rights Appeal / First Tier Tribunal (general Regulatory Chamber) Judgment

Legal Issues

  1. 1 Whether the request for information was vexatious under section 14(1) of the Freedom of Information Act 2000 (FOIA)
  2. 2 Whether Northumbria Police was entitled to refuse the request on that basis
  3. 3 Whether Northumbria Police breached any other statutory duties under FOIA

Ratio Decidendi

The request was vexatious under section 14(1) FOIA due to the disproportionate burden it would place on Northumbria Police, requiring at least 1,125 to 2,000 hours of staff time to prepare the information for disclosure, which is an undue and disproportionate use of resources. The appellant's offers to reduce scope or pay for staff time were not relevant to the lawfulness of the refusal. The Decision Notice was correct in upholding the refusal under section 14(1).

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. Northumbria Police is entitled to rely on section 14(1) FOIA to refuse the request.