James Packham v The Information Commissioner & Anor

James Packham v The Information Commissioner & Anor

The Council took an overly narrow view of the request, failed to clarify its scope with the Appellant, and did not conduct adequate searches for information. On the balance of probabilities, further information is held by the Council within the scope of the request. The Council also breached its duty to provide reasonable advice and assistance and failed to provide its internal review decision within the statutory timeframe.

Parties
Appellant: James Packham; First Respondent: The Information Commissioner; Second Respondent: Norwich City Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / First Tier Tribunal Determination on the Papers
Outcome
Appeal allowed
Legal Topics
Environmental Information Regulations, Freedom of Information, Public Authority Duties, Internal Review Timeframes
Information Law Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Public Authority Duties Internal Review Timeframes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

James Packham

Appellant

The Information Commissioner

First Respondent

Norwich City Council

Second Respondent

Procedural Posture

Appeal / First Tier Tribunal Determination on the Papers

Legal Issues

  1. 1 Whether Norwich City Council held further information within the scope of the Appellant's request under the Environmental Information Regulations 2004 (EIR)
  2. 2 Whether Norwich City Council breached regulation 11(4) of the EIR by failing to provide its internal review decision within the statutory timeframe
  3. 3 Whether Norwich City Council breached regulation 9 of the EIR by failing to provide reasonable advice and assistance

Ratio Decidendi

The Council took an overly narrow view of the request, failed to clarify its scope with the Appellant, and did not conduct adequate searches for information. On the balance of probabilities, further information is held by the Council within the scope of the request. The Council also breached its duty to provide reasonable advice and assistance and failed to provide its internal review decision within the statutory timeframe.

Court Disposition

Appeal allowed

Orders

  • Norwich City Council breached regulation 11(4) of the EIR by not providing its internal review decision within the statutory timeframe; no further steps required for this breach.
  • Norwich City Council breached regulation 9 of the EIR by failing to provide reasonable advice and assistance; no further steps required for this breach.