Charles Small v The Information Commissioner & Anor

Charles Small v The Information Commissioner & Anor

Confirmation or denial by the GLA of whether it held material within the scope of the request would be likely to endanger the mental health of one or more individuals, and this harm would be real, actual, and of substance. The public interest in preventing such endangerment outweighed the public interest in disclosure. Section 38(2) FOIA was engaged, and the GLA was entitled to neither confirm nor deny holding the information.

Parties
Appellant: Charles Small; 1st Respondent: The Information Commissioner; 2nd Respondent: The Greater London Authority
Jurisdiction
England and Wales
Judgment Date
20 May 2026
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Public Interest, Mental Health, Section 38 FOIA, Neither Confirm Nor Deny (ncnd), Transparency, Accountability
Information Rights Administrative Law Freedom of Information Public Interest Mental Health Section 38 FOIA Neither Confirm Nor Deny (ncnd) Transparency +1 more

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Parties

Charles Small

Appellant

The Information Commissioner

1st Respondent

The Greater London Authority

2nd Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether confirming or denying the existence of information would likely endanger the mental health of any person under section 38(2) FOIA
  2. 2 Whether the public interest in maintaining the exclusion outweighs the public interest in disclosure

Ratio Decidendi

Confirmation or denial by the GLA of whether it held material within the scope of the request would be likely to endanger the mental health of one or more individuals, and this harm would be real, actual, and of substance. The public interest in preventing such endangerment outweighed the public interest in disclosure. Section 38(2) FOIA was engaged, and the GLA was entitled to neither confirm nor deny holding the information.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The annex of confidential reasons is provided to the 2nd Respondent only and is not to be sent to the Appellant or the National Archives or published in any other way when the decision is promulgated.