John Mitchell v The Information Commissioner

John Mitchell v The Information Commissioner

The Tribunal found that the Trust does not hold the specific information requested by Mr Mitchell within the meaning of the EIR. The fact that the Trust may hold information used by others to estimate deaths linked to air pollution does not mean the Trust itself holds the requested information. The Decision Notice...

Source-derived case information.

Parties
Appellant: John Mitchell; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
02 May 2026
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information, Duty to Disclose, Information Held by Public Authority
Information Law Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Duty to Disclose Information Held by Public Authority

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Parties

John Mitchell

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether the University Hospitals Plymouth NHS Foundation Trust holds the requested environmental information within the meaning of the EIR
  2. 2 Whether the Decision Notice by the Information Commissioner was correct in law and discretion

Ratio Decidendi

The Tribunal found that the Trust does not hold the specific information requested by Mr Mitchell within the meaning of the EIR. The fact that the Trust may hold information used by others to estimate deaths linked to air pollution does not mean the Trust itself holds the requested information. The Decision Notice was not wrong in law or discretion.

Court Disposition

Appeal dismissed