Christopher Billings v The Information Commissioner

Christopher Billings v The Information Commissioner

Hampshire Constabulary was not entitled to rely on section 30(3) FOIA to refuse to confirm or deny holding information relating to the review of the investigation (Request 4) and the application for a Court Order (Request 6), as the public interest in confirmation or denial outweighs the public interest in...

Source-derived case information.

Parties
Appellant: Christopher Billings; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
06 May 2025
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information Act, Public Interest Test, Police Investigations, Duty to Confirm or Deny
Information Rights Administrative Law Freedom of Information Act Public Interest Test Police Investigations Duty to Confirm or Deny

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Parties

Christopher Billings

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Hampshire Constabulary was entitled to rely on section 30(3) of the Freedom of Information Act 2000 to refuse to confirm or deny holding information relating to specific requests
  2. 2 Whether the public interest in maintaining the exemption outweighs the public interest in confirming or denying whether information is held

Ratio Decidendi

Hampshire Constabulary was not entitled to rely on section 30(3) FOIA to refuse to confirm or deny holding information relating to the review of the investigation (Request 4) and the application for a Court Order (Request 6), as the public interest in confirmation or denial outweighs the public interest in maintaining the exemption. For the remainder of the requests, section 30(3) FOIA was properly engaged and the public interest favored maintaining the exemption.

Court Disposition

Appeal allowed in part

Orders

  • Hampshire Constabulary must confirm or deny whether information is held relating to the review of the investigation (Request 4) and the application for a Court Order (Request 6) within 35 days of this decision, or within 28 days after notification of an unsuccessful appeal.
  • Failure to comply may result in certification to the Upper Tribunal and may be dealt with as contempt of court.