Graham Garner v The Information Commissioner

Graham Garner v The Information Commissioner

The Council held environmental information in the form of meeting minutes, a news item, and emails with the contractor; however, the minutes and news item were already publicly available and easily accessible, so only the emails with the contractor must be disclosed to the appellant.

Parties
Appellant: Graham Garner; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
27 February 2023
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Environmental Information, Public Authority Disclosure, Freedom of Information Act, Environmental Information Regulations, Public Accessibility of Information
Information Rights Environmental Law Environmental Information Public Authority Disclosure Freedom of Information Act Environmental Information Regulations Public Accessibility of Information

Case Brief

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Parties

Graham Garner

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Shardlow & Great Wilne Parish Council held environmental information requested by the appellant
  2. 2 Whether the information was already publicly available and easily accessible
  3. 3 Whether the Council was required to disclose emails with the contractor

Ratio Decidendi

The Council held environmental information in the form of meeting minutes, a news item, and emails with the contractor; however, the minutes and news item were already publicly available and easily accessible, so only the emails with the contractor must be disclosed to the appellant.

Court Disposition

appeal allowed

Orders

  • Decision Notice IC-108355-H1R0 quashed as not in accordance with the law.
  • Shardlow & Great Wilne Parish Council must disclose emails with the contractor (quotation, agreement, photographs) to the appellant within 20 working days.