Dorian Grehold v The Information Commissioner

Dorian Grehold v The Information Commissioner

The requested optimism bias information is inextricably linked to the business case for the Holocaust Memorial and Learning Centre and relates to the formulation and development of government policy. At the time of the request, the policy process was ongoing and planning permission had not been granted, so the exemption under section 35(1)(a) FOIA is engaged. The public interest in maintaining the exemption outweighs the public interest in disclosure during the live policy phase.

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 / First Tier Tribunal (general Regulatory Chamber) Judgment
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

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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 / First Tier Tribunal (general Regulatory Chamber) Judgment

Legal Issues

  1. 1 Whether the requested information relates to the formulation or development of government policy under section 35(1)(a) FOIA
  2. 2 Whether the public interest test was correctly applied in withholding the information

Ratio Decidendi

The requested optimism bias information is inextricably linked to the business case for the Holocaust Memorial and Learning Centre and relates to the formulation and development of government policy. At the time of the request, the policy process was ongoing and planning permission had not been granted, so the exemption under section 35(1)(a) FOIA is engaged. The public interest in maintaining the exemption outweighs the public interest in disclosure during the live policy phase.

Court Disposition

Appeal dismissed