Willow v The Information Commissioner Ministry of Justice [2017] EWCA Civ 1876 (22 November 2017)

Willow v The Information Commissioner Ministry of Justice [2017] EWCA Civ 1876 (22 November 2017)

The refusal to disclose the unredacted MMPR manual was rational and adequately reasoned, given the risk of prejudice to security and good order in YOIs and prisons, and the public interest balancing exercise under FOIA was properly conducted. Article 3 of the UNCRC does not alter the statutory test, as the phrase 'public interest' in FOIA is unambiguous and does not require reference to unincorporated treaties.

Citation
[2017] EWCA Civ 1876
Parties
Appellant: Carolyne Willow; First Respondent: The Information Commissioner; Second Respondent: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
22 November 2017
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From Upper Tribunal (administrative Appeals Chamber)
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Disclosure of Government Documents, Children's Rights, Public Interest Exemptions, International Treaties in Domestic Law
Administrative Law Information Law Human Rights Freedom of Information Disclosure of Government Documents Children's Rights Public Interest Exemptions International Treaties in Domestic Law

Case Brief

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Parties

Carolyne Willow

Appellant

The Information Commissioner

First Respondent

Ministry of Justice

Second Respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From Upper Tribunal (administrative Appeals Chamber)

Legal Issues

  1. 1 Whether the refusal to disclose the unredacted MMPR manual under FOIA was irrational or inadequately reasoned
  2. 2 Whether the best interests of the child under Article 3 UNCRC must be a primary consideration in the FOIA public interest test

Ratio Decidendi

The refusal to disclose the unredacted MMPR manual was rational and adequately reasoned, given the risk of prejudice to security and good order in YOIs and prisons, and the public interest balancing exercise under FOIA was properly conducted. Article 3 of the UNCRC does not alter the statutory test, as the phrase 'public interest' in FOIA is unambiguous and does not require reference to unincorporated treaties.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed in its entirety.