Jenni Gwynne v The Information Commissioner & Anor

Jenni Gwynne v The Information Commissioner & Anor

The Tribunal found that the appellant's request was disproportionate in burden, had diminished serious purpose after independent audits, and contributed to harassment and distress of staff. The request exceeded the section 12 FOIA cost limit and amounted to an abuse of the FOIA process. The appeal was dismissed and...

Source-derived case information.

Parties
Appellant: Jenni Gwynne; First Respondent: The Information Commissioner; Second Respondent: Avon Fire Authority
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Vexatious Requests, Public Authority Accountability
Information Rights Administrative Law Freedom of Information Act Vexatious Requests Public Authority Accountability

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Parties

Jenni Gwynne

Appellant

The Information Commissioner

First Respondent

Avon Fire Authority

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Avon Fire Authority was entitled to rely on section 14(1) FOIA to refuse the information request as vexatious
  2. 2 Whether the request exceeded the section 12 FOIA cost limit
  3. 3 Whether the appellant's persistence and conduct amounted to abuse of FOIA process

Ratio Decidendi

The Tribunal found that the appellant's request was disproportionate in burden, had diminished serious purpose after independent audits, and contributed to harassment and distress of staff. The request exceeded the section 12 FOIA cost limit and amounted to an abuse of the FOIA process. The appeal was dismissed and AFA was entitled to rely on section 14(1) FOIA.

Court Disposition

Appeal dismissed

Orders

  • The appeal is refused
  • Avon Fire Authority is entitled to rely on section 14(1) FOIA to refuse the request