Jonathan Erskine v The Information Commissioner & Anor

Jonathan Erskine v The Information Commissioner & Anor

The Tribunal found that NHS England was entitled to maintain certain redactions under sections 31, 36, 40, and 41 FOIA, but required disclosure of specific previously withheld information where the public interest favoured transparency and where exemptions were not properly engaged. The Decision Notice was partly lawful and partly not, resulting in the appeal being allowed in part and dismissed in part.

Parties
Appellant: Jonathan Erskine; 1st Respondent: The Information Commissioner; 2nd Respondent: NHS England
Jurisdiction
England and Wales
Judgment Date
12 December 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Freedom of Information, Public Interest Test, Confidentiality, Personal Data, Regulatory Investigations
Administrative Law Information Rights Regulatory Law Freedom of Information Public Interest Test Confidentiality Personal Data Regulatory Investigations

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 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Jonathan Erskine

Appellant

The Information Commissioner

1st Respondent

NHS England

2nd Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether NHS England lawfully withheld information under sections 31, 36, 40, and 41 of the Freedom of Information Act 2000
  2. 2 Whether the Information Commissioner's Decision Notice was in accordance with the law
  3. 3 Whether the public interest test favours disclosure or maintenance of exemptions

Ratio Decidendi

The Tribunal found that NHS England was entitled to maintain certain redactions under sections 31, 36, 40, and 41 FOIA, but required disclosure of specific previously withheld information where the public interest favoured transparency and where exemptions were not properly engaged. The Decision Notice was partly lawful and partly not, resulting in the appeal being allowed in part and dismissed in part.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • NHS England shall, within 35 days, disclose previously withheld information in the Report at paragraphs 2.15-2.16, 3.13-3.15, 3.23, 3.24 (save for the name in 3.24), 3.26, 3.61-3.63, 4.1-4.5, relevant part of 4.13 and 4.14.
  • NHS England shall, within 35 days, disclose a copy of the Closed Schedule to the Appellant and 1st Respondent.