Colonel Terry Scriven v The Information Commissioner

Colonel Terry Scriven v The Information Commissioner

The Tribunal found that s37(1)(b) FOIA was correctly applied to the HD Committee minutes, but the public interest in transparency outweighed the exemption, warranting disclosure with redaction of junior officials' names. For the AMSC minutes, the public interest in maintaining confidentiality prevailed due to existing transparency through published recommendations and the lower status of AMSC members. The multiple requests in EA/2023/0320 were correctly deemed vexatious due to their volume, burden, and drift from genuine public interest.

Parties
Appellant: Colonel Terry Scriven; First Respondent: The Information Commissioner; Second Respondent: The Cabinet Office
Jurisdiction
England and Wales
Judgment Date
23 November 2024
Procedural Posture
Appeal (information Rights) / First Tier Tribunal Decision
Outcome
Appeal in EA/2023/0246 allowed in part; appeals in EA/2023/0308 and EA/2023/0320 dismissed
Legal Topics
Freedom of Information, Vexatious Requests, Public Interest Test, Honours and Dignities Exemption
Administrative Law Information Law Freedom of Information Vexatious Requests Public Interest Test Honours and Dignities Exemption

Case Brief

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Parties

Colonel Terry Scriven

Appellant

The Information Commissioner

First Respondent

The Cabinet Office

Second Respondent

Procedural Posture

Appeal (information Rights) / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the Cabinet Office correctly applied s37(1)(b) FOIA to withhold HD Committee minutes
  2. 2 Whether the public interest favoured disclosure of the requested information
  3. 3 Whether the Cabinet Office correctly refused AMSC minutes under s37(1)(b) FOIA

Ratio Decidendi

The Tribunal found that s37(1)(b) FOIA was correctly applied to the HD Committee minutes, but the public interest in transparency outweighed the exemption, warranting disclosure with redaction of junior officials' names. For the AMSC minutes, the public interest in maintaining confidentiality prevailed due to existing transparency through published recommendations and the lower status of AMSC members. The multiple requests in EA/2023/0320 were correctly deemed vexatious due to their volume, burden, and drift from genuine public interest.

Court Disposition

Appeal in EA/2023/0246 allowed in part; appeals in EA/2023/0308 and EA/2023/0320 dismissed

Orders

  • The Cabinet Office must disclose to Col Scriven the minutes of the HD Committee meetings held on 21 May 2020, 20 July 2021, and 31 January 2022, with redaction of junior officials' names, within 35 days of the decision.
  • All other appeals are dismissed.