Anthony Mott v The Information Commissioner

Anthony Mott v The Information Commissioner

The Tribunal found that the Cabinet Office misunderstood the information request, as the appellant sought historical information from the original review, not new or live data. The Cabinet Office's cost estimate was not sensible, realistic, or supported by cogent evidence, and the ICO's Decision Notice upholding the refusal under section 12(1) FOIA was not in accordance with the law.

Parties
Appellant: Anthony Mott; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Costs of Compliance, Public Authority Duties
Information Law Administrative Law Freedom of Information Costs of Compliance Public Authority Duties

Case Brief

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Parties

Anthony Mott

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether the Cabinet Office was entitled to rely on section 12(1) of the Freedom of Information Act 2000 to refuse the information request on cost grounds
  2. 2 Whether the Cabinet Office complied with its duty under section 16 of the Freedom of Information Act 2000 to provide advice and assistance

Ratio Decidendi

The Tribunal found that the Cabinet Office misunderstood the information request, as the appellant sought historical information from the original review, not new or live data. The Cabinet Office's cost estimate was not sensible, realistic, or supported by cogent evidence, and the ICO's Decision Notice upholding the refusal under section 12(1) FOIA was not in accordance with the law.

Court Disposition

Appeal allowed

Orders

  • The Information Commissioner's Decision Notice IC-128677-P7B7 is set aside as not in accordance with the law.
  • The Cabinet Office must, by 4pm on 31st October 2023, state if it held the information requested by the appellant in his request of 21 July 2021 and, if it did hold it, either supply the information to the appellant by 4pm on 31st October 2023 or, by this same date, serve a refusal notice under section 17 of FOIA,...