Colonel Terry Scriven v The Information Commissioner

Colonel Terry Scriven v The Information Commissioner

The Tribunal found that the Cabinet Office correctly limited the scope of the request to three HD Committee meetings. The s37(1)(b) exemption was engaged for both HD Committee and AMSC minutes. The public interest favoured disclosure of HD Committee minutes (with redaction of junior officials' names) but not AMSC minutes, as sufficient transparency was already provided. The Tribunal upheld the finding that the appellant's multiple requests in EA/2023/0320 were vexatious, imposing an unreasonable burden and exhibiting improper use of FOIA.

Parties
Appellant: Colonel Terry Scriven; First Respondent: The Information Commissioner; Second Respondent: The Cabinet Office
Jurisdiction
England and Wales
Judgment Date
15 July 2024
Procedural Posture
Appeal / Decision on Review
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, Exemptions Under FOIA, Disclosure of Government Information
Administrative Law Information Rights Constitutional Law Freedom of Information Vexatious Requests Public Interest Test Exemptions Under FOIA Disclosure of Government Information

Case Brief

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Parties

Colonel Terry Scriven

Appellant

The Information Commissioner

First Respondent

The Cabinet Office

Second Respondent

Procedural Posture

Appeal / Decision on Review

Legal Issues

  1. 1 Whether the Cabinet Office and Information Commissioner lawfully refused disclosure of committee minutes under FOIA exemptions
  2. 2 Whether requests made by the appellant were vexatious under FOIA s14(1)
  3. 3 Proper application of the public interest test under FOIA s2(1)(b)

Ratio Decidendi

The Tribunal found that the Cabinet Office correctly limited the scope of the request to three HD Committee meetings. The s37(1)(b) exemption was engaged for both HD Committee and AMSC minutes. The public interest favoured disclosure of HD Committee minutes (with redaction of junior officials' names) but not AMSC minutes, as sufficient transparency was already provided. The Tribunal upheld the finding that the appellant's multiple requests in EA/2023/0320 were vexatious, imposing an unreasonable burden and exhibiting improper use of FOIA.

Court Disposition

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

Orders

  • Cabinet Office to disclose HD Committee minutes for meetings on 21 May 2020, 20 July 2021, and 31 January 2022, redacting names of junior officials.
  • No order for disclosure of AMSC minutes.