John Mitchell v The Information Commissioner

John Mitchell v The Information Commissioner

The Tribunal found, on the balance of probabilities, that the surgery did not hold the requested information in the format specified and was not required to create or extract it by developing bespoke searches. The appeal was dismissed as the information was not held within the meaning of FOIA.

Parties
Appellant: John Mitchell; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
30 June 2025
Procedural Posture
Appeal Under Freedom of Information Act 2000 / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Access to Information, Public Authority Obligations, Data Holding and Disclosure
Information Law Administrative Law Freedom of Information Access to Information Public Authority Obligations Data Holding and Disclosure

Case Brief

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Parties

John Mitchell

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal Under Freedom of Information Act 2000 / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether the requested information is held by the public authority within the meaning of FOIA
  2. 2 Whether the public authority complied with its obligations under FOIA in responding to the request
  3. 3 Whether the Information Commissioner's decision was in accordance with the law

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that the surgery did not hold the requested information in the format specified and was not required to create or extract it by developing bespoke searches. The appeal was dismissed as the information was not held within the meaning of FOIA.

Court Disposition

Appeal dismissed