Haley Dixon v The Information Commissioner & Anor

Haley Dixon v The Information Commissioner & Anor

Section 36 FOIA was correctly applied to withheld information, protecting the deliberative process. Section 40 FOIA was not properly considered by the Commissioner for one individual, and most redactions under section 40 were not justified except for a small amount of personal data. Where no other exemption applies, information must be disclosed.

Parties
Appellant: Hayley Dixon; First Respondent: The Information Commissioner; Second Respondent: NHS England
Jurisdiction
England and Wales
Judgment Date
20 August 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information Act, Section 36 FOIA, Section 40 FOIA, Personal Data, Public Interest Test
Information Rights Administrative Law Freedom of Information Act Section 36 FOIA Section 40 FOIA Personal Data Public Interest Test

Case Brief

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Parties

Hayley Dixon

Appellant

The Information Commissioner

First Respondent

NHS England

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether NHS England lawfully withheld information under section 36 FOIA
  2. 2 Whether section 40 FOIA was properly applied to personal data
  3. 3 Whether the Information Commissioner failed to address section 40 FOIA issues

Ratio Decidendi

Section 36 FOIA was correctly applied to withheld information, protecting the deliberative process. Section 40 FOIA was not properly considered by the Commissioner for one individual, and most redactions under section 40 were not justified except for a small amount of personal data. Where no other exemption applies, information must be disclosed.

Court Disposition

Appeal allowed in part

Orders

  • Section 36 FOIA application to withheld information upheld; no steps required.
  • Section 40 FOIA application not upheld for one individual except for small personal data; information to be disclosed within 35 days unless other exemption applies.