Martin Clements v The Information Commissioner & Anor

Martin Clements v The Information Commissioner & Anor

The Tribunal found that the Commissioner incorrectly interpreted the scope of the request, which sought information to support making a complaint about the auditor, not only information relating to an actual complaint made. Evidence demonstrated the Council held further information within the scope of the request and had made complaints to the auditor. The Council breached section 10(1) by failing to respond within twenty working days.

Parties
Appellant: Martin Clements; First Respondent: The Information Commissioner; Second Respondent: Potto Parish Council
Jurisdiction
England and Wales
Judgment Date
17 December 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Statutory Compliance, Public Authority Obligations
Information Rights Administrative Law Freedom of Information Statutory Compliance Public Authority Obligations

Case Brief

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Parties

Martin Clements

Appellant

The Information Commissioner

First Respondent

Potto Parish Council

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Potto Parish Council holds further information within the scope of the FOIA request regarding making a complaint about its auditor
  2. 2 Whether the Council breached section 10(1) of the Freedom of Information Act 2000 by failing to respond within twenty working days

Ratio Decidendi

The Tribunal found that the Commissioner incorrectly interpreted the scope of the request, which sought information to support making a complaint about the auditor, not only information relating to an actual complaint made. Evidence demonstrated the Council held further information within the scope of the request and had made complaints to the auditor. The Council breached section 10(1) by failing to respond within twenty working days.

Court Disposition

Appeal allowed

Orders

  • The Tribunal's Decision Notice is substituted for the Commissioner's Decision Notice.
  • Potto Parish Council breached section 10(1) FOIA by failing to respond within twenty working days.