Anthony Kelly v The Information Commissioner & Anor

Anthony Kelly v The Information Commissioner & Anor

On the balance of probabilities, the Council holds further information within the scope of part two of the request (details of all amounts credited to and debited from the BID Revenue Account since 31 August 2022, including payers/payees) which has not been provided. The Council must issue a fresh response to the request, either supplying the information or issuing a refusal notice under section 17 FOIA.

Parties
Appellant: Anthony Kelly; First Respondent: The Information Commissioner; Second Respondent: East Lindsey District Council
Jurisdiction
England and Wales
Judgment Date
11 June 2024
Procedural Posture
Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information, Business Improvement Districts, Public Authority Record Keeping, Statutory Interpretation
Information Rights Administrative Law Local Government Law Freedom of Information Business Improvement Districts Public Authority Record Keeping Statutory Interpretation

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Parties

Anthony Kelly

Appellant

The Information Commissioner

First Respondent

East Lindsey District Council

Second Respondent

Procedural Posture

Appeal / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether the Council held further recorded information within the scope of the FOIA request made on 24 October 2022, specifically regarding credits and debits to the BID Revenue Account after 31 August 2022.

Ratio Decidendi

On the balance of probabilities, the Council holds further information within the scope of part two of the request (details of all amounts credited to and debited from the BID Revenue Account since 31 August 2022, including payers/payees) which has not been provided. The Council must issue a fresh response to the request, either supplying the information or issuing a refusal notice under section 17 FOIA.

Court Disposition

Appeal allowed in part

Orders

  • The Council must issue a fresh response to part two of the request confirming it holds further information within the scope of part two.
  • The Council must either supply the information or serve a refusal notice under section 17 of FOIA, stating the grounds relied on.