His Majesty’s Treasury v The Information Commissioner & Anor

His Majesty’s Treasury v The Information Commissioner & Anor

The Tribunal found that the public interest in disclosure of the disputed information, including spending figures and related data, outweighs the public interest in maintaining the section 35(1)(a) FOIA exemption. The Tribunal determined that the information falls within the scope of the requests, that the chilling effect and collective responsibility arguments were not substantiated by the evidence, and that partial disclosure or redaction would not satisfy the statutory requirements or the public interest. The Tribunal adopted the Commissioner’s reasoning and concluded that the appeals must be refused and the information disclosed.

Parties
Appellant: His Majesty’s Treasury; Appellant: Ministry of Housing, Communities and Local Government (Department for Levelling Up, Housing and Communities); First Respondent: The Information Commissioner; Second Respondent: Access to Social Care
Jurisdiction
England and Wales
Judgment Date
15 October 2024
Procedural Posture
Freedom of Information Appeal / First Tier Tribunal (general Regulatory Chamber) Judgment
Outcome
Appeals dismissed; substituted decision notice issued
Legal Topics
Freedom of Information, Public Sector Equality Duty, Government Policy Disclosure, Public Interest Test, Scope of FOIA Requests
Administrative Law Information Rights Equality Law Freedom of Information Public Sector Equality Duty Government Policy Disclosure Public Interest Test Scope of FOIA Requests

Case Brief

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Parties

His Majesty’s Treasury

Appellant

Ministry of Housing, Communities and Local Government (Department for Levelling Up, Housing and Communities)

Appellant

The Information Commissioner

First Respondent

Access to Social Care

Second Respondent

Procedural Posture

Freedom of Information Appeal / First Tier Tribunal (general Regulatory Chamber) Judgment

Legal Issues

  1. 1 Whether section 35(1)(a) FOIA exemption applies to the requested information
  2. 2 Whether the public interest in disclosure outweighs the public interest in maintaining the exemption
  3. 3 Whether the figures within Sheet 8 and other redacted information fall within the scope of the requests

Ratio Decidendi

The Tribunal found that the public interest in disclosure of the disputed information, including spending figures and related data, outweighs the public interest in maintaining the section 35(1)(a) FOIA exemption. The Tribunal determined that the information falls within the scope of the requests, that the chilling effect and collective responsibility arguments were not substantiated by the evidence, and that partial disclosure or redaction would not satisfy the statutory requirements or the public interest. The Tribunal adopted the Commissioner’s reasoning and concluded that the appeals must be refused and the information disclosed.

Court Disposition

Appeals dismissed; substituted decision notice issued

Orders

  • Within 35 days of this decision, the respondents must disclose all requested information falling within the scope of the requests, as specified in the closed annexe.