Dorian Grehold v The Information Commissioner & Anor

Dorian Grehold v The Information Commissioner & Anor

The Tribunal found that section 35(1)(a) was engaged as the requested information related to the formulation or development of government policy regarding the UK Holocaust Memorial and Learning Centre, that the policy was still live at the date of refusal and hearing, and that the public interest in maintaining the exemption outweighed the public interest in disclosure. The appeal was therefore dismissed.

Parties
Appellant: Dorian Gerhold; First Respondent: The Information Commissioner; Second Respondent: Department for Levelling Up Housing and Communities
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Freedom of Information Appeal / Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Government Policy Exemptions, Public Interest Test
Information Law Administrative Law Freedom of Information Government Policy Exemptions Public Interest Test

Case Brief

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Parties

Dorian Gerhold

Appellant

The Information Commissioner

First Respondent

Department for Levelling Up Housing and Communities

Second Respondent

Procedural Posture

Freedom of Information Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the requested information is exempt under section 35(1)(a) of the Freedom of Information Act 2000 as relating to the formulation or development of government policy
  2. 2 Whether the public interest in maintaining the exemption outweighs the public interest in disclosure
  3. 3 Whether the policy regarding the UK Holocaust Memorial and Learning Centre is still live

Ratio Decidendi

The Tribunal found that section 35(1)(a) was engaged as the requested information related to the formulation or development of government policy regarding the UK Holocaust Memorial and Learning Centre, that the policy was still live at the date of refusal and hearing, and that the public interest in maintaining the exemption outweighed the public interest in disclosure. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed