Katherine Rushton v The Information Commissioner & Anor

Katherine Rushton v The Information Commissioner & Anor

The Tribunal found that the qualified person gave a substantively reasonable opinion that disclosure of the withheld documents would inhibit free and frank advice and exchange of views, and prejudice the effective conduct of public affairs. The public interest in maintaining the exemption outweighed the public interest in disclosure, particularly given ongoing policy relevance and the role of the Covid-19 public inquiry.

Parties
Appellant: Katherine Rushton; First Respondent: The Information Commissioner; Second Respondent: Department for Health and Social Care
Jurisdiction
England and Wales
Judgment Date
11 May 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Public Interest Test, Qualified Person Opinion, Government Policy Disclosure
Information Rights Administrative Law Freedom of Information Public Interest Test Qualified Person Opinion Government Policy Disclosure

Case Brief

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Parties

Katherine Rushton

Appellant

The Information Commissioner

First Respondent

Department for Health and Social Care

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether section 36 FOIA exemption was properly engaged
  2. 2 Whether the qualified person's opinion was substantively reasonable
  3. 3 Whether the public interest in disclosure outweighed the public interest in maintaining the exemption

Ratio Decidendi

The Tribunal found that the qualified person gave a substantively reasonable opinion that disclosure of the withheld documents would inhibit free and frank advice and exchange of views, and prejudice the effective conduct of public affairs. The public interest in maintaining the exemption outweighed the public interest in disclosure, particularly given ongoing policy relevance and the role of the Covid-19 public inquiry.

Court Disposition

Appeal dismissed

Orders

  • Section 36 FOIA exemption upheld; withheld documents not disclosed