Beacon Counselling Trust v The Information Commissioner & Anor

Beacon Counselling Trust v The Information Commissioner & Anor

The Tribunal found that the Qualified Person did not have sufficient knowledge or description of the withheld information to form a substantively reasonable opinion as required by s36(2) FOIA. Therefore, the exemption was not engaged and the Trust was not entitled to withhold the information.

Source-derived case information.

Parties
Appellant: Beacon Counselling Trust; First Respondent: The Information Commissioner; Second Respondent: Leeds and York Partnership NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
14 April 2026
Procedural Posture
Information Rights Appeal / First Tier Tribunal (general Regulatory Chamber) Final Judgment
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Public Interest Test, Qualified Person's Opinion, Prejudice to Effective Conduct of Public Affairs
Information Law Administrative Law Freedom of Information Public Interest Test Qualified Person's Opinion Prejudice to Effective Conduct of Public Affairs

Source-derived case record

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Parties

Beacon Counselling Trust

Appellant

The Information Commissioner

First Respondent

Leeds and York Partnership NHS Foundation Trust

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Trust was entitled to refuse disclosure of information under s36(2)(b)(i) and (ii) FOIA
  2. 2 Whether the Qualified Person's opinion was substantively reasonable under s36 FOIA
  3. 3 Whether the public interest in maintaining the exemption outweighed the public interest in disclosure

Ratio Decidendi

The Tribunal found that the Qualified Person did not have sufficient knowledge or description of the withheld information to form a substantively reasonable opinion as required by s36(2) FOIA. Therefore, the exemption was not engaged and the Trust was not entitled to withhold the information.

Court Disposition

Appeal allowed

Orders

  • Within 35 days of the date of promulgation of this judgment, Leeds and York Partnership NHS Foundation Trust must send to the Appellant the information withheld as referred to in paragraphs 63 and 64 of the Decision Notice of the Information Commissioner referenced IC-327716-R6B8, dated 3 January 2025.