Fiona Thompson v The Information Commissioner

Fiona Thompson v The Information Commissioner

On the balance of probabilities, only one email containing a 'sent from my iPhone' signature was sent from the iPhone in question and has been disclosed. The remainder of the emails and any other messages are not shown to have been sent or received from the iPhone and thus fall outside the scope of the FOIA request. There is no evidence that further information within scope is held by HM Treasury. No further steps are required.

Parties
Appellant: Fiona Thompson; First Respondent: The Information Commissioner; Second Respondent: His Majesty’s Treasury
Jurisdiction
England and Wales
Judgment Date
14 February 2023
Procedural Posture
FOIA Appeal / Final Tribunal Decision
Outcome
Appeal allowed in part; no further steps ordered
Legal Topics
Freedom of Information, Scope of FOIA Requests, Records Management, Public Authority Obligations
Information Law Administrative Law Freedom of Information Scope of FOIA Requests Records Management Public Authority Obligations

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Parties

Fiona Thompson

Appellant

The Information Commissioner

First Respondent

His Majesty’s Treasury

Second Respondent

Procedural Posture

FOIA Appeal / Final Tribunal Decision

Legal Issues

  1. 1 Whether HM Treasury held information within the scope of the FOIA request at the time of the request
  2. 2 Whether all relevant information was identified and disclosed
  3. 3 Whether the Tribunal should order further searches or disclosures

Ratio Decidendi

On the balance of probabilities, only one email containing a 'sent from my iPhone' signature was sent from the iPhone in question and has been disclosed. The remainder of the emails and any other messages are not shown to have been sent or received from the iPhone and thus fall outside the scope of the FOIA request. There is no evidence that further information within scope is held by HM Treasury. No further steps are required.

Court Disposition

Appeal allowed in part; no further steps ordered

Orders

  • The appeal is allowed in relation to one email containing a 'sent from my iPhone' signature, which has been disclosed.
  • No further steps are required of the Second Respondent.