Deborah Cox v The Information Commissioner & Anor

Deborah Cox v The Information Commissioner & Anor

The Home Office did not demonstrate a sufficient causal link between disclosure of the requested information and likely endangerment to health or safety at the time of refusal. The evidence was largely generic, historic, or related to non-public authorities, and did not show that disclosure would be likely to endanger individuals at public authority establishments. Section 44 FOIA was not engaged because the licensed status of establishments was not information given in confidence within the meaning of s24 ASPA.

Parties
Appellant: Deborah Cox; First Respondent: The Information Commissioner; Second Respondent: The Home Office
Jurisdiction
England and Wales
Judgment Date
26 September 2024
Procedural Posture
Appeal / Final Judgment After Full Hearing
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Health and Safety Exemptions, Confidentiality, Public Authorities, Animals (scientific Procedures) Act
Information Law Administrative Law Freedom of Information Health and Safety Exemptions Confidentiality Public Authorities Animals (scientific Procedures) Act

Case Brief

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Parties

Deborah Cox

Appellant

The Information Commissioner

First Respondent

The Home Office

Second Respondent

Procedural Posture

Appeal / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether disclosure of the names of public authority establishments licensed under ASPA is exempt under s38(1) FOIA (health and safety)
  2. 2 Whether s44 FOIA (statutory prohibition) applies to the requested information

Ratio Decidendi

The Home Office did not demonstrate a sufficient causal link between disclosure of the requested information and likely endangerment to health or safety at the time of refusal. The evidence was largely generic, historic, or related to non-public authorities, and did not show that disclosure would be likely to endanger individuals at public authority establishments. Section 44 FOIA was not engaged because the licensed status of establishments was not information given in confidence within the meaning of s24 ASPA.

Court Disposition

Appeal allowed

Orders

  • The Home Office must send to the Appellant within 28 days a list of establishments licensed under the Animals (Scientific Procedures) Act 1986 as at 18 May 2022, which were public authorities under the Freedom of Information Act 2000, including government departments, local authorities, NHS Trusts and hospitals,...