John Clayton-Wright v The Information Commissioner

John Clayton-Wright v The Information Commissioner

The Commissioner's decision was not in accordance with the law because he applied the exceptions and public interest balancing test at the wrong date, failed to properly weigh the public interest in disclosure, and did not ensure adequate searches for information; the appeal is allowed and a substituted decision...

Source-derived case information.

Parties
Appellant: John Clayton-Wright; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
12 March 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Environmental Information Regulations, Freedom of Information, Public Interest Test, Disclosure Exceptions
Information Rights Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Public Interest Test Disclosure Exceptions

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Summary, issues, holding and outcome

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Parties

John Clayton-Wright

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Information Commissioner's decision notice was in accordance with the law regarding exceptions under EIR regulations 12(5)(b), 12(5)(f), and 12(4)(a)
  2. 2 Whether the correct date was used for assessing exceptions and public interest balancing under EIR
  3. 3 Whether the Council conducted adequate searches for information within scope of the requests

Ratio Decidendi

The Commissioner's decision was not in accordance with the law because he applied the exceptions and public interest balancing test at the wrong date, failed to properly weigh the public interest in disclosure, and did not ensure adequate searches for information; the appeal is allowed and a substituted decision notice is issued.

Court Disposition

Appeal allowed

Orders

  • A substituted Decision Notice is issued: Council's reliance on EIR exceptions 12(5)(b), 12(5)(f), and 12(4)(a) was not in accordance with the law.
  • Council must conduct a thorough but proportionate search for all recorded information within scope of Requests (1), (2), (4), (5), and (6) held by it no later than 8 April 2024 and not already disclosed.